Mbabane – The University of Eswatini (UNESWA) has asked the Industrial Court to dismiss an application brought by the Association of Lecturers, Academic and Administrative Personnel (ALAAP), arguing that the staff association is seeking relief to which it is not entitled and that its court papers fail to establish a valid case.
In answering papers filed before the Industrial Court, UNESWA disputes ALAAP’s claim regarding the collection and payment of administration fees linked to employees who are not members of the association but fall within its bargaining unit.
The university contends that ALAAP is attempting to compel payment of E1 267 960 in administration fees despite the absence of the legal and procedural requirements necessary for such deductions and payments to be made.
According to UNESWA, ALAAP’s application is based on provisions of the Industrial Relations Act and a recognition agreement between the parties. However, the university argues that the association has not demonstrated that it meets the conditions required for the collection of agency or administration fees from non-members.
The university states that ALAAP represents lecturers, academic staff and administrative personnel employed by UNESWA and operates under a recognition agreement concluded between the two parties. The agreement governs labour relations, collective bargaining and the representation of employees within the institution.
UNESWA maintains that while the recognition agreement establishes a framework for negotiations and labour relations, it does not automatically entitle ALAAP to receive administration fees from employees who are not members of the association.
The university further argues that the association has not shown that the necessary resolutions, approvals or legal processes were followed before seeking the deductions. It contends that there is no basis for compelling the institution to deduct or transfer the funds claimed.
In its opposition, UNESWA also challenges the manner in which ALAAP approached the court, submitting that the association’s founding papers do not adequately set out the facts and legal grounds necessary to justify the relief sought.
The university says the application should be dismissed because it lacks sufficient factual support and because the association has failed to establish a legal entitlement to the amount claimed.
Court papers show that ALAAP is seeking orders connected to the collection of administration fees from employees covered by its bargaining unit but who are not members of the association. The staff association contends that it is entitled to receive such fees in terms of labour legislation and the collective bargaining framework applicable at the university.
UNESWA, however, argues that the claim is misplaced and that the association cannot rely on the recognition agreement alone to recover the E1 267 960 it seeks.
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