The National Union of Metalworkers of SA (Numsa) has pronounced that the Western Cape regional secretary Vuyo Lufele should not set foot in office on Monday.
This shortly after the Commission for Conciliation, Mediation and Arbitration (CCMA) dismissed the case and commissioner Karen Charles ruled that Lufele should return to work on June 3.
Lufele was suspended after voicing concerns regarding the National Manufacturing Workers’ Trust.
In a letter written to Lufele this week, Numsa claimed the CCMA ruled in Lufele’s favour because he managed to mislead the commissioner.
It emphasised that the purpose was not to discuss the merits of the award but to highlight the irregular manner in which it was awarded in the absence of the union as his employer.
The letter states that the regional secretary leaked the arbitration award to create a notion that the union did not effect disciplinary processes, and claimed that Numsa has been scheduling his disciplinary processes.
“To run away from your charges you adopted a very malicious dishonest process where you argued that the union cannot subject you to a disciplinary process because you are a whistleblower against corruption taking place in Numsa, alleging that you fall under the protected disclosure,” reads the letter in part.
The letter highlighted that while the CCMA ruled that he might return to work, he still had to face charges in the normal Numsa disciplinary process.
Numsa demands that Lufele grants the union permission to cancel the arbitration award by Friday failing which it would apply for rescission and seek “an appropriate order” against him.
“In light of the aforementioned, we submit that by continuing with the arbitration, which was in breach of the agreement so concluded between the parties and having had knowledge of the correspondence exchange between our legal representative and the CCMA, your conduct was nothing other than vexatious and mala fide.
“In light of the above, take note that you are not to report for duty on 3 July 2023 and that you remain suspended pending the determination of the rescission application which shall be brought within the time periods allowed for in terms of CCMA rules.”
Lufele confirmed that he had received the lengthy letter with deadline to respond before end of business on Friday, but denied to further comment on the matter until he communicates with the union.
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