In what the National Union of Metalworkers of South Africa (Numsa) has stated as an unfair and unjust action by SA Steel Mills to unlawfully discipline and dismiss workers, the union successfully interdicted the company from dismissing workers.
Numsa has welcomed the judgement of the Labour Court, which was handed down on Tuesday. The judgement prevents SA Steel Mills from unlawfully disciplining and dismissing workers.
The union stated that it was forced to rush to the Labour Court to interdict the company on an urgent basis. This was to block SA Steel Mills bosses from abusing their power and unlawfully dismissing workers.
Unlawful strike
According to the union, the company suspended 162 workers on claims that the employees participated in an “unlawful strike”.
“Our members went on a protected strike on the 16th of April. And the court granted the company a temporary interdict to block the strike on the 19th of April.
“Arguments on whether the interim order should be made permanent, will be made on the 9th of May at the Labour Court in Johannesburg. The court has not made a final determination on the legality of the strike. Therefore, it is unfair for SA Steel Mills to discipline and attempt to dismiss workers over this. When the courts have not pronounced on it,” said Numsa spokesperson Phakamile Hlubi-Majola.
She added that the union had no choice but to go to court in defence of the workers. It claims that SA Steel Mills had been tailoring its case to dismiss workers. This through unlawful means engineered as an internal proceeding.
“SA Steel Mills has set up a sham disciplinary process and it has already found them (workers) guilty and intends to dismiss them. Numsa had to institute an urgent application to interdict and restrain the employer from dismissing members until such time as the Labour Court determines the legality of the strike.
Strike in line with the Labour Relations Act
“We contend that the strike is protected because we followed the procedures of the Labour Relations Act,” she said.
On Thursday, the Labour Court will determine the legality of the strike that the workers of SA Steel Mills embarked on.
On April 30, the company suspended over 200 workers who were working night shift. The workers were accused of trespassing. They were kicked out of SA Steel Mills’ premises in the wee hours of the morning.
