THE INDUSTRIAL COURT OF SWAZILAND
AT MBABANE CASE NO. 67/2002
the matter between:
WATER SERVICES &
WORKERS UNION APPLICANT
WATER SERVICES CORPORATION RESPONDENT
RESPONDENT: S. SHONGWE
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.
rule nisi was sought in the interim.
Application is grounded on the Affidavit of Ntokozo Sikhondze the
President of the Applicant union.
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
in terms of Section 80 and 81 of the Industrial Relations Act of
matter was not resolved and a certificate of unresolved dispute was
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.
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.
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.
the result the Application to have the matter heard on urgent basis
matter will take its normal course.
PRESIDENT - INDUSTRIAL COURT