Salga v Imatu (JA46/2012) [2014] ZALAC 2; [2014] 6 BLLR 569; (2014) 35 ILJ 2811 (LAC) (4 March 2014) per CJ Musi AJA [Waglay JP and Mokgoatlheng AJA concurring]
The LAC allowed the appeal and overturned the judgment of Basson J in the LC. In 2003 two trade unions, Imatu and Samwu, and Salga concluded a Job Evaluation Collective Agreement (JECA). Thereafter the parties negotiated a Wage Curve Collective Agreement (WCCA) to give effect to JECA but could not agree.
On 27 January 2009 Samwu referred a dispute to SALGBC for conciliation and demanded that a collective agreement be concluded to create a wage curve for all the different job categories in municipalities.
On 26 March 2010 Samwu issued a strike notice and the employees went on strike on 12 April 2010 demanding two agreements.
The parties resumed negotiations and Salga and Samwu agreed that the wage curves in the local government sector would be based on the 50th percentile market position and drafted collective agreements relating to wage curves and a disciplinary code.
The parties met on 19 and 20 April 2010 when it was agreed that a drafting team would refine the agreements for consideration by the principals.
But in the end there was a dispute about the terms and this meant that the principals had not agreed. SALGBC’s constitution had not been complied with. Rectification was not possible where the document failed to reflect the true intention of the parties.