Member of the Executive Council for Health, Western Cape v Coetzee and Others

The first to fiftieth respondents were health professionals forming part of the Joint Staff employed under long-standing teaching hospital agreements between the Western Cape Department of Health and the Universities of Cape Town and Stellenbosch. Although paid and appointed under university conditions of service, they occupied posts integral to public teaching hospitals. A collective agreement concluded in 2004 at the Public Health and Welfare Sectoral Bargaining Council provided for a scarce skills allowance for health professionals in the public health sector. The Department refused to pay the allowance, contending that the respondents were not public service employees and fell outside the bargaining council’s scope. After extensive litigation across the Bargaining Council, CCMA, Labour Court and Labour Appeal Court, the Labour Appeal Court ultimately held that the respondents were employees within the public service and entitled to the allowance. The MEC for Health sought leave to appeal to the Constitutional Court.

The application for leave to appeal was dismissed. The MEC for Health, Western Cape was ordered to pay the costs of the first to fiftieth respondents.

The case clarifies the meaning of 'public service' and 'employee' under the Labour Relations Act and Public Service Act in the context of joint employment arrangements in teaching hospitals. It confirms that employees may simultaneously be university employees and members of the public service for collective bargaining purposes, strengthening protection of collectively bargained benefits in the public health sector.