The conflict between the National Union of Metalworks of South Africa (Numsa) and the Public Transport Corporation (Putco) has escalated as the union threatens legal action.
This after the union and the transport company met on Tuesday to find common ground on the illegal strike that started in September 2022. The strike resulted in many workers being suspended by Putco. The workers remain suspended to date.
Meeting bore no fruit
The meeting allegedly drew Numsa and Putco further apart as they both could not reach a unified conclusion on the matter.
Phakamile Hlubi-Majola, national spokesperson for Numsa, blamed the impasse on Putco. He alleged that Putco management wanted to control how suspension matters would be processed. She said they wanted to do this by setting their own deadline on the matter.
Hlubi-Majola said this resulted in the meeting collapsing. She said Numsa believes that every individual should be granted enough time and space to be defended. He stated the Commission for Conciliation, Mediation, and Arbitration (CCMA) should be involved.
Hlubi-Majola said Numsa believes that every worker should be defended by the CCMA. Numsa also believes that April 2024 was too soon to have all 120 workers defended.
Hlubi-Majola said they had initially suggested that the suspended employees be grouped according to their charges. This was to speed up the process. However, Putco allegedly rejected the suggestion.
Union accuses Putco of sabotage
Hlubi-Majola said they were not willing to turn back now as they believe the matter is now being used as a strategy to sabotage the cases.
She said if they agreed with the Putco management on its suggestions, a lot of workers would stand to lose their jobs. This is because they would not have received a fair defence.
“Furthermore, Putco is threatening to take us to court to force us to reduce the number of witnesses in the disciplinary hearing. We are ready to defend our members and their right to a fair trial. We will not be bullied into submission by lawyers,” said Hlubi-Majola.
The plight of suspended workers
Numsa also stated that since there was no agreement between the two parties, the suspended employees must stay at home. It argued that the employees must serve their suspension from home instead of reporting to the depots.
“We demand that workers on suspension, who have been dismissed for taking sick leave, must be immediately re-instated. The company has even dismissed those employees who had been hospitalised. And [it] did so without any hearings whatsoever,” said Hlubi-Majola.
Putco responds
Lindokuhle Xulu, spokesperson for Putco, stated that two months was enough time to conclude the proceedings.
He said Numsa suggested that a deadline be set to November 2024. However, Putco dismissed this. The company argued that this would be over two years since the strike started. He added that it would go against the union’s commitment in the Section 150 agreement. The said agreement states that the matter should be finalised speedily.
He explained that the employees were required to report to the depots after many of them were being absent from CCMA hearings. Because they had communication challenges, and this forced the company to introduce new changes.
Changes to suspension terms led to unfounded accusations
“The company’s changes to the suspension conditions resulted in the resignation of some of these employees. While others absconded and were eventually dismissed. Putco also discovered fraudulent sick notes. This prompted the company to introduce measures to verify medical certificates.
“These measures are being perceived by Numsa and its members as being punitive. [It led] to unfounded allegations that Putco is mistreating its employees,” said Xulu.
No change to suspensions, terms
The spokesperson further detailed that while Numsa demanded that suspended members stay at home, this would not be allowed. He said this was because the suspensions were due to gross misconduct. Putco could not lift the suspensions at this stage because the process was still underway, he added.
