The Constitutional Court has dismissed an appeal by the Department of Home Affairs about whether employees can refer a "mutual interest" dispute to the bargaining council for conciliation. The matter concerned the changing of employees’ work hours to include Saturday work. The department felt this was an operational matter that could not be referred to conciliation and therefore would not result in a protected strike. The employees‚ on the other hand‚ felt this was a dispute of "mutual interest" and if resolution failed‚ they were entitled to a protected strike to resolve it.

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