A KwaZulu-Natal transport official’s bid to compel the provincial transport department to upgrade his position has been dismissed by the Labour Court in Durban. The case was brought by the Public Servants Association on behalf of Nadasen Govender against the KwaZulu-Natal Department of Transport and the Office of the Premier of KwaZulu-Natal.
In a judgment delivered on 2 March 2026, Judge Kelsey Allen-Yaman ruled that the court lacked jurisdiction to grant the relief sought and dismissed the application without ordering costs. Govender, who works as a Regional Financial Manager, argued that his position should have been re-evaluated and upgraded after he noticed in 2009 that similar posts within the department’s Corporate Services division had been upgraded by one salary level.
Background to the Case
Believing his role had expanded significantly since it was last evaluated in 2004, Govender submitted a motivation requesting that his post also undergo a job evaluation. The request was supported by senior management within the department and approved in principle by the head of the department in 2010. However, the process stalled when the then MEC for Transport imposed a moratorium on job evaluations while the department reviewed its organisational structure.
Govender and other regional managers warned in correspondence in May 2010 that delays could prejudice them, particularly because policy changes were expected to limit upgrades for certain salary levels after July 2010. Years later, in 2016, Govender’s attorneys formally demanded that the department conduct the evaluation, alleging that its failure amounted to an unfair labour practice and a violation of the Employment Equity Act.
Labour Court Ruling
The court held that claims relating to unfair labour practices must be resolved through arbitration at bodies such as the Commission for Conciliation, Mediation and Arbitration or a relevant bargaining council, not the Labour Court. Judge Allen-Yaman also rejected Govender’s reliance on equal pay provisions in the Employment Equity Act, noting that he had failed to show that any difference in pay was based on unlawful discrimination against a protected ground.
The court further ruled that arguments raised later about obligations under the Public Service Act could not be considered because they were not part of Govender’s original pleadings. The judge concluded that none of the legal bases advanced by the applicant established jurisdiction for the Labour Court to intervene.
Some key points to note from the ruling include:
- The Labour Court lacks jurisdiction to grant relief in cases related to unfair labour practices.
- Claims related to unfair labour practices must be resolved through arbitration.
- The Employment Equity Act requires evidence of unlawful discrimination to support equal pay claims.
Despite the dismissal, the court declined to order Govender to pay costs.
