The matter concerned an inspection at a healthcare provider during which the National Labour Inspectorate decided that some employees had been underpaid because of the use of incorrect pay scales. The inspector ordered the employer to calculate and pay higher wages, and the Regional Labour Inspector upheld the decision.

However, the Provincial Administrative Court overturned the order stating that the inspectorate’s authority does not extend to resolving disputes concerning the basis or amount of employee benefits. The court emphasised that in the event of interpretative differences between an employer and an employee, a labour court is the competent authority to assess claims. A order for payment, however, can only relate to benefits the existence and amount of which are beyond doubt.