IMATU Successful in SALGBC Arbitration on Sick Leave Interpretation
IMATU has secured a favourable arbitration award in a dispute with Newcastle Local Municipality concerning the interpretation of sick leave provisions in the SALGBC Main Collective Agreement (MCA).
The dispute, referred in terms of section 24 of the Labour Relations Act, required the Arbitrator to interpret clause 8.2.2 of the MCA, which regulates sick leave and the submission of medical certificates. The Municipality argued that sick leave should be treated as unpaid where an employee failed to report illness timeously, even if a valid medical certificate was later submitted, relying on its internal leave policy.
The arbitrator rejected this interpretation and found in IMATU’s favour, confirming that:
- Clause 8.2.2 regulates proof of illness only, not reporting procedures or notification timeframes.
- Employer policies cannot be used to supplement, override, or amend the MCA in a section 24 dispute.
- A failure to report sick leave timeously does not invalidate a valid medical certificate and does not justify unpaid sick leave under the MCA.
- Collective agreements negotiated at centralised level cannot be rewritten through arbitration.
The Municipality’s application was dismissed in its entirety.
This award is an important victory for IMATU members and provides valuable guidance on how collective agreements must be interpreted, based on their wording, context, and purpose, without adding obligations that were not agreed to by the parties.
The full arbitration award is available here.
