IN
THE INDUSTRIAL COURT OF SWAZILAND
HELD
AT MBABANE CASE NO. 67/2002
In
the matter between:
SWAZILAND
WATER SERVICES &
ALLIED
WORKERS UNION APPLICANT
And
SWAZILAND
WATER SERVICES CORPORATION RESPONDENT
CORAM:
NDERINDUMA: PRESIDENT
JOSIAH
YENDE: MEMBER
NICHOLAS
MANANA: MEMBER
FOR
APPLICANT: L.MAMBA
FOR
RESPONDENT: S. SHONGWE
RULING
15/04/02
The
Applicant seeks to interdict the Respondent from carrying on with a
redeployment exercise of workers in its construction department and
prays for an order directing the Respondent to enter into
negotiations with the Applicant on salary increments and
re-deployment within five days of this order.
No
rule nisi was sought in the interim.
The
Application is grounded on the Affidavit of Ntokozo Sikhondze the
President of the Applicant union.
The
dispute between the parties concerning salary review in terms of the
Recognition Agreement, salary negotiation and implementation of
redeployment was the subject of discussion at a Joint Conciliation
Committee (JCC). The matter was unresolved and same was referred to
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conciliation
in terms of Section 80 and 81 of the Industrial Relations Act of
2000.
The
matter was not resolved and a certificate of unresolved dispute was
issued.
From
the Founding Affidavit, it is clear that the parties have been
following the alternative dispute resolution procedure set out under
Part VIII of the Act for a while. It is also apparent from paragraph
8 of the Affidavit that the Respondent had already embarked on the
redeployment exercise by the time the application was brought.
The
Applicant has failed to explicitly show what matters render the
application urgent and why it cannot be afforded redress at a hearing
in due course. See Humphrey H. Henwood v Maloma Colliery and Anor.
High Court Case No, 1623/94; per Dunn J.
Having
patiently sought to exhaust the extra curia dispute resolution
process, there is no reason shown why they should not take the cue in
the court roll.
In
the result the Application to have the matter heard on urgent basis
is dismissed.
The
matter will take its normal course.
NDERI
NDUMA
JUDGE
PRESIDENT - INDUSTRIAL COURT
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