“While the ruling confirms that IMATU’s version and application of the Wage Curve Agreement is the correct one. The full implications of the ruling will only be evident in its entirety once the full judgement is handed down. It is also important to understand that there is no straightforward answer to the question of whether an employee will gain financially as every employee’s circumstances are different,” explained IMATU Deputy General Secretary, Craig Adams.
A wage curve regulates the salary scales for all local government employees. In 2010 IMATU initiated court proceedings against SALGA asking the Court to rectify the 2010 Wage Curve Agreement as it did not accurately reflect what the parties had originally agreed to, the Court has subsequently ruled in IMATU’s favour.
Qualification for back pay depends on the following factors; whether an employee’s job has been evaluated, the outcome of Job Evaluation results, an employee’s current salary as compared to the salary scales of the Wage Curve (adjusted by the salary increases in 2010 and 2011), the grading of a Municipality, whether a Municipality has appealed against its grading and the outcome thereof.
In addition, IMATU is waiting for an indication from South African Local Government Association (SALGA) as to whether they will be accepting the Judgment or lodging an appeal to the Labour Appeal Court; an appeal can only be lodged once the full Judgment is received.
IMATU will provide further comment after studying the full judgement which should be handed down this week.