Department of Correctional Services (WC) v Denosa (CA7/13) [2014] ZALAC 76  [2015](18 December 2014) per Tlaletsi DJP [Ndlovu JA and Coppin AJA concurring]

The Labour Appeal Court disallowed the appeal.  LAC Summary: Interpretation and application of a collective agreement: Occupational Specific Dispensation (OSD) for Nurses – translation of employee into the correct position in terms of the OSD – employee a professional nurse managing a nursing speciality unit translated into a lower salary scale- employer contending employee not having necessary qualification to be translated into a higher salary scale- arbitrator upholding employer’s contention.  Labour Court setting aside arbitrator’s award.  Appeal – duties performed at the date of the OSD taken into account for the translation of employee – employee performing managerial function entitled to be translated to the salary scale of manager.



[1] This is an appeal by the Department of Correctional Services against a judgment and order of the Labour Court (per Rabkin-Naicker J) in a review application brought in that Court by the first respondent (a trade union – hereinafter referred to as the respondent) against an arbitration award issued by the third respondent (the commissioner) under the auspices of the second respondent, the Public Health and Social Development Sectoral Bargaining Council (the Bargaining Council).

[2] The arbitration concerned a dispute between the appellant and the respondent, acting on behalf of its member (the employee) employed by the appellant, about the interpretation and application of a collective agreement.