Swaziland Agricultural Manufacturing And Allied Staff Association v Royal Eswatini Sugar Corporation (336 of 2021) [2022] SZIC 60 (31 May 2022)

Case summary
The Applicant and the Respondent entered into a collective agreement for cost of living adjustment/ increment for the period JS' April 2021 to 3 ]81 March 2022. All employees of the bargaining unit covered by the agreement were to receive a cost of living increase of  5% with effect from 1st April 2021. The Applicant now alleges that the Respondent partly complied with the agreement by segregating six employees for no justified reason, and this amounts to unfair discrimination in the workplace.. The Respondent argues that the six employees were appointed in March 2021, and in terms of the company practice new employees only become eligible for cost of living adjustment upon completion of twelve (12) months continuous service of employment with the Corporation. The Applicant has now brought the present application to compel the Respondent to fully comply with the collective agreement by paying 5% cost of living adjustment to the Applicant's six (6) members/ Respondent's employees.

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