Oh what a victory!Paulina Mohale

Workers at Pro Roof Manufacturing, Vereeniging, are celebrating after winning almost R1m in backpay from their company.

"This is marvellous, workers are very proud of Numsa's service in our company and they want t-shirts!” says Numsa shop steward Mthimkhulu.

Their victory came after organiser Simon Matlou of Vereeniging local declared a dispute with Pro Roof for underpaying its workers.

An arbitration award led the Metal and Engineering Industries Bargaining Council (MEIBC) to order Pro Roof to pay R962 417.28.

Each worker will receive R19 000 towards the end of September 2007."It was cheers and ululating when I told the workers. I cannot forget the joy that was reflecting on their faces,” says Matlou.

"I have been tracking this case from 2004 to date!” This is Numsa's second victory with the same company.

Previously, the company was ordered to pay workers backpay for underpayment to the tune of R750 000.

However, the company then continued to fail to comply with the engineering main agreement with regard to increased rates from March 5 to November 30 2005. Numsa's victory should serve as an example to those companies that are still defying the law.

Ukunqoba kwezomthetho kanye nezithiyoAbasebenzi be-Pro Roof Manufacturing eVereeniging bazithokozisa ngokukhokhelwa imali yesikhathi esedlule ebeyisilele ewu-R19 000 umuntu ngamunye emva kokuba umgqugquzeli wabo, uSimon Mahlangu, ethole ukuthi inkampani yabo yayibakhokhela ngaphansi kokufanele ibakhokhele khona.

Wathatha icala walisa ku- Metal and Engineering Industries Bargaining Council, inkampani yaphoqeleka ukuthi ikhokhe cishe isigidi samarandi (R1m) ibuyisela imali ebeyisilele emuva! Umsebenzi we-Metalock, uColbert Ngubane, umqashi wakhe uyamkhokhela ukuthi ahlale ekhaya.

INumsa yamlwela ukuthi abuyiselwe emsebenzini. Ngesikhathi inkantolo inquma ukuthi kufanele abuyiselwe emsebenzini, inkampani yathatha isinqumo sokubukezwa kwecala okwafeyila nokho.

Manje seyiyamkhokhela ukuthi ahlale ekhaya!Kwa-BMW, umzabalazo wabasebenzi abangama-49 ababexoshwe ngenxa yesiteleka esasingahanjiswanga ngokwenqubo silokhu sishintshashintsha.

Umlamuli uthe kufanele babuyiselwe emsebenzini kodwa inkampani isafuna ukuthi icala libukezwe.

Hofoorwinnings en terugslaeWerkers by Pro Roof Manufacturing in Vereeniging vier ‘n terugbetaling van R19 000 elk nadat hulle organiseerder, Simon Matlou, uitgevind het die maatskappy onderbetaal hulle.

Hy het die saak na die Bedingingsraad vir die Metaal- en Inginieursbedrywe geneem, en die maatskappy is gedwing om byna R1 miljoen in terugbetalings uit te betaal.

‘n Werker by Metalock, Colbert Ngubane, word deur sy werkgewer betaal om by die huis te bly. Numsa het drie jaar lank geveg sodat hy sy werk kan terugkry.

Toe die hof beslis het dat hy weer aangestel moet word, het die maatskappy die saak laat hersien, wat misluk het.

Nou betaal hulle hom om by die huis te bly!By BMW is die stryd van 49 werkers wat tydens ‘n onwettige staking oor veranderings aan skofte afgedank is, nog nie oor nie. ‘n Arbiter het beslis dat hulle heraangestel moet word, maar die maatskappy het gesê dat hulle die saak wil laat hersien.

Diphenyo tsa semolao le tse emisitswengBasebetsi ba Pro Roof Manufacturing mane Vereeniging ba thabetse backpay ya bona ya R19 000 mosebetsi ka mong ka mora ho ba organiser ya bona, Simon Matlou, a fumane hore khampani ya bona e ba lefa moputso o ka tlase ho oo ba lokelang ho o leshwa.

O ile a isa taba eo ho Metal and Engineering Industries Bargaining Council mme khampani ya qobellwa ho lefa tjhelete e batlileng e etsa R1m ya backpay!Mosebetsi wa Metalock, Colbert Ngubane, o leshwa ke ramosebetsi wa hae a ntse a sa tle mosebetsing.

Ke dilemo tse tharo Numsa e ntse e lwanela ho mo kgutlisetsa mosebetsing wa hae.

Ha lekgotla la dinyewe le ne le etsa qeto ya hore o lokelwa ho kgutlisetswa mosebetsing, khampani e ile ya isa qeto eo ho ya lekolwa botjha mme ya hloleha. Jwale e mo lefella ho dula hae!Mane BMW teng, boitseko ba basebetsi ba ka bang 49 ba ileng ba tebelwa ka nako ya seteraeke se neng se sa latele metjha e tshwanetseng mabapi le ho fetolwa ha mekgwa ya ho beha ditjhifi, ha bo eso fele. Monamodi o entse qeto ya hore ba kgutlisetswe mosebetsing empa khampani e re e batla ho isa nyewe eo ho ya lekolwa botjha hape.

Paid to stay at homeBooysen Mashego

Engineering company Metalock is currently paying Numsa member, Colbert Ngubane, to stay at home! This is after the company lost its appeal against the court's decision to reinstate the worker.

The saga began on September 8 2004 when the company dismissed Ngubane for an alleged assault. He had been employed by Metalock as a grinder from February 18 1995.

With Numsa's help, Ngubane referred an unfair dismissal dispute to the Metal and Engineering Industries Bargaining Council (MEIBC) challenging the fairness of his dismissal.

The dispute remained unresolved at conciliation and proceeded to arbitration.The arbitration hearing was held on February 8 2005.

The Commissioner found that the dismissal of Ngubane was unfair. Metalock was ordered to retrospectively reinstate Ngubane from the date of his dismissal and pay him nearly R20 000 as his remuneration (salary and other benefits that he could have enjoyed had it not been for the unfair dismissal).

In addition the court ordered the company to pay a further R20 000 because Ngubane had been unemployed due to the employer’s unfair decision for seven months.

On May 13 2005, Metalock instituted a review application. But they did nothing to take their review application further.

Numsa's legal department brought an application to dismiss the review application, after numerous letters written to the Company requesting them to comply with Rule 7A (5) and 7A (6) of the Labour Court Rules.

The review application was successfully argued and the review was dismissed with costs. Again the company refused to reinstate Ngubane.

The sheriff was instructed by Numsa's legal department to attach and remove assets to the value of what the company owed Ngubane. Metalock tried again to bring an urgent application to stay the writ of execution.

But Numsa successfully argued against this and the company's application was dismissed with costs.

BMW workers reinstated …but company says it will take award on reviewSekome Tshoga

In October 2005, BMW workers went on strike over the introduction of a new shift pattern. During November 2005 BMW charged more than 200 Numsa members for alleged participation in an unprotected strike.

About 49 employees were subsequently dismissed after protracted individual disciplinary action. Once they had dismissed these workers, they then charged and disciplined shop stewards, dismissing three of them.

Numsa appealed against the dismissal of the 49 workers. Numsa and BMW then agreed to take their dismissals to private arbitration through Tokiso. In August 2007, Tokiso issued its award.

It reinstated all the 49 employees with effect from the date of their dismissal in 2005.However, the company immediately said they would take the award on review.

Numsa believes that the review has no basis but to delay and further frustrate the employees who were unfairly dismissed.

The time has come to inform BMW internationally about the conduct of its South African management.

BMW is a multinational company and a signatory to the International Framework Agreement that promotes fair labour practice, yet in this country it is doing the opposite.


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