Industrial Court dismisses PSA action


    The Industrial Court has dismissed a complaint brought by the PSA seeking to prevent WASA from engaging in a restructuring exercise.

    The Court had previously dismissed the PSA’s application for an injunction in March 2022.

    According to WASA, the Court found that its decision on the injunction was sufficiently dispositive of the substantive proceedings, meaning that it resolved the legal issue at hand.

    The Court held, inter alia, that:

    1. WASA had always indicated an intention to consult with the PSA at the appropriate time
    2. WASA had met with the PSA 115 times already and therefore could not be said to be acting in bad faith
    3. WASA and the Government must be allowed to formulate policy including a restructuring plan without involvement from the PSA

    As such, it says the Court decided that further proceedings were unnecessary in the public interest.

    Regarding the ruling, WASA said, “… now that all legal hurdles have been cleared in relation to the restructuring, the Authority reiterates its consistent publicly stated position that 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.”