News24

KZN teachers win salary battle

2012-01-19 20:06

Durban - The Supreme Court of Appeal has ruled in favour of teachers who objected to their salaries being docked after the public servants' strike in 2010.

"The Supreme Court ruled in favour of Natu by confirming the decisions that were taken by other lower courts of law," National Teachers' Union (Natu) spokesperson Allen Thompson said on Thursday.

Natu took the KwaZulu-Natal education department to court last year over the docking of the salaries of 27 000 teachers, who it argued had not taken part in the strike.

The Durban Labour Court last year ruled in favour of the teachers and the department appealed the decision.

Thompson said the union felt vindicated by the court ruling, saying it confirmed the independence of the justice system and the protection of the working class.

He said his union wanted the department to pay back R23m plus interest to the teachers.

"The department will now have to pay at least R50m which includes the 15.5% interest backdated to March 2011."

The affected teachers would also be exempted from paying tax when the department reimbursed them, Thompson said.

The Durban Labour Court last year ruled that the department had to exempt all the affected teachers from paying tax in all the refunds.

The department was not immediately available to comment.

Comments
  • Clive - 2012-01-19 20:46

    If they weren't on strike, then it seems fair that they be paid, but I want to know why they won't be paying tax on these earnings.

      Chumscrubber1 - 2012-01-19 20:59

      Agreed, makes no sense. But we're probably only hearing half the story - its probably more like they won't pay a heavy rate due to the large sum involved, which would then be claimed back from SARS anyway once their annual income is taken into consideration. Its not fair to the rest of us income tax payers if they are simply exempted on the amount though. But ja, if these criminal unions force one not to work, you have a right to be paid. Non union members need protection.

  • Linda - 2012-01-19 20:46

    Another case to start now, Supreme does not have any jurisdiction over tax matters, the tax court should make the decision as to whether these teachers should pay tax or not, but according to section 1(k) such earning are taxable!!

      Chumscrubber1 - 2012-01-19 20:59

      Exactly.

  • Pieter Scholtz - 2012-01-20 05:51

    Good decision if it was proved that they were not on strike. Since when does this Court have the jurisdiction to rule that no tax is to be deducted. Even if they had the jurisdiction, why is no tax being deducted?

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