Introduction:

The Secretariat, on behalf of the National Office Bearers, requested me to prepare a report of what transpired on that last day in the Labour Court.

Background:

The matter dates back to 1999 when the employer informed the workers that a new security company was to be introduced because of losses incurred by the company due to amongst others: theft etc.

The shop stewards rejected this but the company still went ahead and implemented their decision on the 01 April. A day later, the workers embarked on a strike.

Some days later, the workers returned but only to be told they would have to go through disciplinary hearings on the 09 April. They refused to attend those hearings and were dismissed.

The then regional office declared a dispute but the conciliators’ outcome was challenged by the company. It is at this stage that the matter was referred to the Labour Court.

Labour Court:

The matter was set down for the 28 September 2000.

The parties had to enter into settlement discussions after the company had presented its evidence. The majority of the workers involved on this matter, inclusive of shop stewards, were present and participated in that settlement discussion.

I must admit that the workers started from a position that clearly indicated non acceptance of an out-of-court settlement but as the discussion went on – they changed and came with a counter proposal of 24 months settlement. This proposal was relayed to the company but was rejected. In the end, parties (with workers and their shop stewards, themselves, being highly involved in the final decision) settled at 15 months.

The union acted on the mandate of the workers, as a result I (Johnson Gamede – the then General Secretary) signed the settlement agreement.

Prepared by: JOHNSON M. GAMEDE