Hearing on collective bargaining in military
The issue of whether the Minister of Defence has a duty to bargain collectively with the SA National Defence Union (SANDU) goes before the Constitutional Court today.
SANDU contends that the duty to bargain arises from section 23(5) of the Constitution which provides that every trade union, employers organisation and employer has the right to engage in collective bargaining. In the alternative it argues that the Defence Force regulations provide for a duty to bargain, and, again in the alternative, that the Constitution of the Military Bargaining Council set up in terms of those regulations does. The Minister supports the judgments of the Supreme Court of Appeal, which has ruled against SANDUs main claims.