IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT JOHANNESBURG)

Case No.: J 2372/08

On the 15th day of November 2008
Before the Honourable Mr Acting Justice Ngalwana

In the matter between:

NEHAWU								1ST APPLICANT

DENOSA								2ND APPLICANT

SADNU								3RD APPLICANT

HOSPERSA								4TH APPLICANT

PSA									5TH APPLICANT

NUPSAW								6TH APPLICANT

AND

THE MINISTER OF PUBLIC SERVICE
AND ADMINISTRATION				 1ST RESPONDENT

THE MINISTER OF HEALTH				2ND RESPONDENT

THE MEC FOR HEALTH:  GAUTENG		3RD RESPONDENT

THE MEC FOR HEALTH: LIMPOPO		4TH RESPONDENT

THE MEC FOR HEALTH:  MPUMALANGA	5TH RESPONDENT

THE MEC FOR HEALTH:  NORTH WEST		6TH RESPONDENT

THE MEC FORHEALTH:  KWAZULU NATAL	7TH RESPONDENT

THE MEC FOR HEALTH:  FREE STATE		8TH RESPONDENT

THE MEC FOR HEALTH:  NORTHERN CAPE	9TH RESPONDENT

THE MEC FOR HEALTH:  EASTERN CAPE	10TH RESPONDENT

THE MEC FOR HEALTH:  WESTERN CAPE	11TH 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:

1.1	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;

1.2	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;

1.3	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