Denosa obo du Toit v Western Cape Department of Health (CA17/2014) [2016] ZALAC 15 (12 May 2016) per Davis JA [Musi and Sutherland JJA concurring]

The Labour Appeal Court disallowed the appeal and upheld the judgment of Visagie AJ in the Labour Court and the award in the bargaining council.

LAC summary:

“Interpretation and application of Occupations for Specific Dispensation for Nurses (OSD) – employer translating employee to Assistant Manager – employees contending to have been incorrectly translated – commissioner finding that employees correctly translated – appellant contending that the OSD agreement is unambiguous and that the translation measures must be applied so that employees be translated to a category of Deputy Manager – appellant failing to distinguish between Assistant Manager: Nursing (Head of Nursing Services) operating to small district hospitals and Deputy Manager: Nursing (level 1 and 2 hospitals) operating at large the translation tables leading to the conclusion that employees correctly translated.  Appeal dismissed with costs.”