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IN THE LABOUR COURT OF SOUTH AFRICA

(HELD AT JOHANNESBURG)

Case No.: J 2372/08

On the 15^th day of November 2008

Before the Honourable Mr Acting Justice Ngalwana

In the matter between:

NEHAWU 1^ST APPLICANT

DENOSA 2^ND APPLICANT

SADNU 3^RD APPLICANT

HOSPERSA 4^TH APPLICANT

PSA 5^TH APPLICANT

NUPSAW 6^TH APPLICANT

AND

THE MINISTER OF PUBLIC SERVICE

AND ADMINISTRATION 1^ST RESPONDENT

THE MINISTER OF HEALTH 2^ND RESPONDENT

THE MEC FOR HEALTH: GAUTENG 3^RD RESPONDENT

THE MEC FOR HEALTH: LIMPOPO 4^TH RESPONDENT

THE MEC FOR HEALTH: MPUMALANGA 5^TH RESPONDENT

THE MEC FOR HEALTH: NORTH WEST 6^TH RESPONDENT

THE MEC FORHEALTH: KWAZULU NATAL 7^TH RESPONDENT

THE MEC FOR HEALTH: FREE STATE 8^TH RESPONDENT

THE MEC FOR HEALTH: NORTHERN CAPE 9^TH RESPONDENT

THE MEC FOR HEALTH: EASTERN CAPE 10^TH RESPONDENT

THE MEC FOR HEALTH: WESTERN CAPE 11^TH RESPONDENT

ORDER

Having read the documents and having considered the matter:

IT IS ORDERED THAT:

1. Pending the finalisation of the dispute currently pending at the PHWSBC and which was referred on 15 October 2008, the following order is made:

1. This Court dispensed with the requirements and time periods

provided for in Rule 8 of the Labour Court Rules and this application is heard on an urgent basis;

2. The Respondents are interdicted and restrained from deducting

any amounts from the remuneration of the Applicants’ members in respect of alleged overpayments arising from an allegedly erroneous implementation of the Occupational Specific Dispensation for Nurses (“OSD”) agreement;

3. The Respondents are ordered further to repay any amounts

deducted from the remuneration of the Applicants’ members in respect of alleged OSD overpayments.

2. The Respondents are to bear the costs of the application including 12 November 2008 and 15 November 2008 on an attorney and client scale.

BY THE COURT

REGISTRAR

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