Media Release 06th October 2011 DCS continues to be exposed on non-adherence to procedures on Promotion matters POPCRU has secured an earlier Arbitration Award to be made an Order of the Labour Court in terms of Section 158 of the Labour Relations Act, as amended. The argument led by POPCRU were that the Applicant, Minister of Correctional Services had committed an Unfair Labour Practice, in relation to promotion by failing to adjust their salaries from the date of the Six [6] Members appointment as opposed to the date of approval of the promotion. These members are employed by the Department of Correctional Services [DCS] after a Directorate Code Enforcement [DCE] and the Departmental Investigating Unit [DIU] were established in terms of Section 95 of the Correctional Services Act, No.111 of 1998, to prosecute Officials in Internal Disciplinary hearings and to combat corruption and investigate corruption, theft and fraud respectively. The salaries of officials in the DCE were adjusted on the basis that Assistant Directors be placed on Level 10 [from Level 9] and that Deputy Directors be placed on Level 12 [from level 11]. And Officials in the DIU had previously requested approval for the salaries of Assistant Directors to be adjusted to Level 10.The request was approved in terms of a memorandum dated 10th February 2005, with effect from the date of assumption of the duty of the Officials concerned. The memorandum also alluded to a fact that “The same procedure and principle that were followed and applied when adjusting salaries of DIU Officials be used in this regard”, and such memorandum was approved by the National Commissioner on 06th September 2006. The Union declared a Dispute about the disparity in treatment of the DIU Officials [who had their salary increases paid retrospective to their dates of appointment] and the DCE Officials, whose increases were paid only with effect from date of approval ,i.e. Without retrospective effect. In the absence of any justification for the disparity between officials of the DIU and DCE, the Arbitrator held that the Department “had acted unfairly when it failed to implement the National Commissioner’s recommendation”. And he ordered the Department “to promote the individual members with effect from the dates of their assumption of duty at the DCE and pay them the value of increases to which they were entitled given the retrospective effect their promotion”. The Judgment was that the Department acted unfairly when it failed to promote the Members, with effect from the date of assumption of duty. The Arbitration Award issued on the 27th September 2008 which said “the Respondents [DCS] was ordered to effect the promotions of the Applicants [Members] from their respective dates of assumption of duty at the DCE and that the calculations of the monies lost by the Applicants as from the dates of assumption of duty at DCE and the dates in which their promotions were effected”, and also the Award was made an order of the Court. And the judgment was delivered on the 30th of September 2011 For Enquiries: POPCRU Deputy General Secretary-Cde Lebogang Phepheng 0823728968 Issued by: Mampane Norman National Spokesperson Police and Prisons Civil Rights Union Tel: 0112424600/4615 Cell: 0720737959 Email: [email protected] www.popcru.org.za 01 Marie Road Auckland Park 2006
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