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Labour Court warns Eskom unions against breaking LRA

Publish date: 05 July 2007
Issue Number: 1861
Diary: Legalbrief Today
Category: General

The Labour Court found yesterday that the three unions involved in a labour dispute with Eskom – the National Union of Mineworkers (NUM), Solidarity, and the National Union of Metalworkers of South Africa (Numsa) – would be in contravention of the Labour Relations Act if they went on strike.

Solidarity did not oppose the application by Eskom, while NUM and Numsa gave Eskom a written undertaking that they would not embark on any industrial action that does not comply with the legislation, says a FIN24 report. Solidarity is planning to take Eskom to an arbitration court if no wage settlement had been reached by today (Thursday). ‘We want to subject the wage dispute to the findings of a third person, in terms of the Labour Relations Act, in order to reach a settlement and to avoid interruptions to the country\'s electricity supplies. This is the responsible route to take, particularly in winter,’ said Solidarity general secretary Flip Buys. NUM and Numsa undertook to inform their respective members of this undertaking given to Eskom, and further advise them to tender their services as usual. The undertaking by the two unions was noted by the court. A report in The Times quotes Solidarity’s deputy general secretary, Dirk Hermann, as saying: ‘The interdict is irrelevant and pointless when negotiations are still in progress.’ Eskom spokesperson Fani Zulu said the interdict was obtained because the unions had made it clear, through the media, that they were going on strike. Full FIN24 report Full report in the Times

The same three unions have declared a dispute over wages with diversified miner Exxaro, after the company made a final wage offer of an 8% increase. The unions said they would hold a first meeting under a CCMA mediator on July 16, notes Business Report. ‘If the facilitation process fails to achieve an agreement, unions will apply for a strike certificate,’ they said. Full report in Business Report

The number of workers on strike at Vodacom is being disputed. The strike over working conditions began on Monday. Vodacom, notes a report on the Mail & Guardian Online site, says out of its work force of 4 302 employees, less than 120 were striking countrywide. The Communication Workers Union (CWU) said 1 325 employees embarked on the strike action. CWU spokesperson Mfanafuthi Sithebe said more than 200 workers from Gauteng marched to (Vodacom\'s) headquarters in Midrand yesterday. He said if the marchers had not been numerous, the police and private security guards would not have turned out as they had. Full report on Mail & Guardian Online site

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