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3.3_Case update by Benita Whitcher.pdf

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Rights and interests disputes<br />

NPA & others v PSA & others [209] 4 BLLR 362 (LC)<br />

– Facts: ito the Public Service Regulations of 2001, posts in the NPA were<br />

upgraded. However, the regs provided that salary increases for upgraded<br />

posts could only be granted if the department had funds for the increases,<br />

which the NPA did not have and the Treasury refused to give funds.<br />

– What was to happen once the job grading process was completed was that<br />

those EEs whose jobs were upgraded would be entitled to a wage increase.<br />

– This brought g into the dispute p a major j component p of a rights g dispute p because<br />

the legislation provided a legal impediment to the demand.<br />

– Thus disputes in which EEs seek to create fresh rights [in this case a wage<br />

i increase] ] are not t necessarily il interest i t t disputes.<br />

di t

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