IN
THE INDUSTRIAL COURT OF SWAZILAND
HELD
AT MBABANE
CASE
NO. 431/05
In
the matter between:
SWAZILAND
MANUFACTURING AND
ALLIED
WORKERS' UNION……………….
APPLICANT
and
ZHENG
YONG PTY LTD……………………RESPONDENT
CORAM
N.
NDUMA: PRESIDENT
J.
YENDE: MEMBER
N.
MANANA: MEMBER
FOR
APPLICANT: SABELO MSIMANGO
FOR
RESPONDENT: MOSES MSIBI
RULING
12/12/05
The
applicant Union has moved an application seeking for an order that
the Respondent is to comply with the provisions of S12 of the Wages
Regulations Order in place at the undertaking with regard to
maternity Leave.
S12
of the Wages Regulation Order reads as follows:
"12
an employee who has completed the probation period should be entitled
to 30 days maternity Leave with pay".
This
order was a result of collective negotiations in the Industry. This
provision is in utter contrast to the provisions of Sections 102 and
103 of the Employment Act No.5 of 1980 which reads as follows:
"102(1)
Every female employee whether married or unmarried who has been in
the continuous employment of her employer for twelve months or more
should be entitled to maternity Leave with at least 2 weeks full pay
In addition, S103 (1) stipulates the duration of maternity Leave as
follows :-
103
(1) subject to subsection (2), maternity Leave shall not be less than
twelve weeks, so arranged that the employee is allowed: and/or
repealed by the joint negotiations council in place within the
Industry,
The
application is successful and the following order made;
The Respondent is bound by
the Wages Regulations Order in place and shall in terms of Regulation
12 give every employee who has completed probation 30 days maternity
Leave with full pay.
No
order as to costs. The members agree.
N.
NDUMA
PRESIDENT-
INDUSTRIAL COURT
