Durban City Council v Minister of Labour and Another

• Jurisdiction: South Africa
• Judge: Selke J and De Wet J
• Judgment Date: 11 June 1953
• Citation: 1953 (3) SA 708 (N)
• Court: Natal Provincial Division

Selke, J.:

This is an appeal under sec. 77 of the Industrial Conciliation Act, 36 of 1937, from a decision of the Minister approving of the establishment of a Conciliation Board in terms of sec. 35 (1) of H that Act. This decision was taken by the Minister on 27th October, 1952, following upon an application by the second respondent dated the 13th June, 1952. By his decision the Minister approved of a Conciliation Board with the following terms of reference:

'To consider and determine a dispute between the Durban Municipal Employees' Society (of the one part) and the City Council of Durban (of the other part) arising out of the failure of the said Council to accede to the demand of the said Society submitted to the Council on the 21st February, 1952.'

Selke J

In making its application for the appointment of a board, the respondent annexed to the usual application form LAB 331, a concise history of the alleged dispute, which bears to be signed by the second respondent's secretary/treasurer, one Payne. It appears from this document and its A annexures that the members of the City Police Force, or Department, caused a letter to be written on their behalf by the second respondent addressed to the Town Clerk, Durban, dated the 21st February, 1952, containing a request for what is described in the letter as

'salary regrade, reorganisations of commencing salary and B recommendation for increased salaries for proved increased proficiency'.

The letter suggested, amongst other things, new rates of pay, revised proficiency tests, based upon what is, apparently, a revised curriculum. The letter ends thus:

'It will be appreciated if this matter can be submitted as a 1952 regrade application.'

C It is to be noted, also, I think, that the letter itself is headed 'Application Regrade: Reorganisation City Police Department'. Again, in the concise history which was annexed to the application form and was dated the 13th June, 1952, it is expressly stated that the request D contained in the letter of the 21st February was forwarded as a 1952 regrade application. I draw attention at this stage to the use of this expression because, as the case was presented, it was claimed on behalf of the appellant that the expression was consistent only with the utilisation by the employees concerned of the machinery for obtaining a E decision of the Council prescribed in the so-called 'Wadley Award' in 1937. Now, although there is no doubt that when this claim was originally made to the Town Clerk, it was proffered, so far as appears, purely as a 1952 regrade application, the second respondent Society seems, in a letter to the Town Clerk dated 17th April, 1952, to have F canvassed the suggestion that the group requests for higher salaries might 'be made subject to process under the Act', which, presumably, means submitted to a conciliation board under the Industrial Conciliation Act. This letter, a copy of which was also annexed to the 'Concise History' and, so, was part of the application papers, seems G important and interesting. It is headed: 'Re: Grading Sub-Committee', and it begins as follows: 'My committee is being pressed by various groups of employees to secure Council determination on regrade applications for 1952.' This is clearly a reaffirmation that these claims or requests rank as regrade applications for 1952. The letter then goes on:

H 'The most urgent demands come from the Fire Brigade and Draughtsmen, members of which are persistent in their claim that their salary applications are not matters for the regrading Sub-Committee, but should be dealt with by the City Council as is done with other groups such as Artisans B.G. Grade, Transport Running Staff, Cleansing Drivers, etc., etc.'

I think it is to be observed that it does not clearly appear that the words italicised represent the attitude of the second respondent, or, indeed, of the Police. The letter goes on:

Selke J

'The Fire Brigade and Draughtsmen's claims for settlement are echoed by the Police and others, and my Committee is faced with one of two alternatives: it must either secure Council determinations within the very near future or submit the group claims to settlement by process under the Industrial Conciliation Act.

A To that end my Committee asks the City Council to settle the 1952 claims by 31st May, 1952, or to agree with the Society Committee that the group requests for higher salaries be made subject to process under the Act.

Will you please submit this matter to the April meeting of the Joint Advisory Board and the City Council meeting scheduled for 5th May, 1952.'

B It may be observed, firstly, that this letter seems to persist with the idea, apparent in the 'Concise History', that the...