September 27, 2022

Industrial Court dismisses complaint brought by the PSA against WASA

By Shirvan Williams

The Industrial Court has dismissed a complaint of an Industrial Relations Offence brought by the PSA against WASA, earlier today, September 27. The compliant sought to prevent WASA from engaging in a restructuring exercise.

According to a statement from WASA,

“The Court had previously dismissed the PSA’s application for an injunction in
March 2022. The Court found that its decision on the injunction was sufficiently dispositive of
the substantive proceedings.

The Court held, inter alia, that: (a) WASA had always indicated an intention to consult with the PSA at the appropriate time; (b) WASA had met with the PSA 115 times already and therefore could not be said to be acting in bad faith, and (c) WASA and the Government must be allowed to formulate policy including a restructuring plan without involvement from the PSA. The Court, therefore, decided that further proceedings were unnecessary in the public interest.”

Through the statement, the Authority also indicated that it was grateful to have received the Court’s guidance and now that all legal hurdles have been cleared in relation to the restructuring, it intends to and will always comply with the principles of good industrial relations practice throughout the implementation of the restructuring process, including consulting with the Recognised Majority Unions in good faith.

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