NUMSA wins a case against General Motors on unfair retrenchments

General Motors South Africa (GMSA) has today, June in the Labour Court, Johannesburg been exposed for what it is, a worse employer in the metals industry and perhaps even beyond.

Since 2007 GMSA destroyed 1313 jobs through retrenchments and separation packages that have turned out not to be so much helpful to workers after losing their jobs.

This number includes the 280 workers that GMSA illegally and unlawfully retrenched in April 2009. Also illegal and unlawful, GMSA went ahead to issue 130 workers with letters stating that they have been retrenched and will therefore be released.

In all this GMSA has not found a single reason to consult with the National Union of Metalworkers of South Africa (NUMSA) on behalf of the affected workers. South Africa's labour law requires that employers must upon contemplating retrenchments engage in a joint consensus-seeking consultation with trade unions on behalf of the affected workers.

NUMSA has been appealing to GMSA to abandon its George W Bush's style of unilateralism in our labour relations. But GMSA didn't want to listen. Instead it chose to behave remorselessly ruthless and executed social death sentences against workers in the present capitalist system crisis by terminating their employment without regard to the rule of law.

The Labour Court in Johannesburg has today found that the retrenchments initiated by GMSA during April this year were procedurally unfair. Following this the Labour Court shall determine the amount of compensation to which the retrenched workers are entitled.

GMSA has further been ordered to consult with NUMSA in order to reach consensus should it contemplate any other retrenchments. This order means that the letters of retrenchments that GMSA issued in April to 130 workers who are still in its employ are null and void.

NUMSA welcomes the Labour Court judgement and shall zealously continue defending and advancing the interests of all its members.

The union will further study the judgement to determine whether to challenge the substantive fairness of GMSA's April 2009 notorious retrenchments. We shall also leave no stone unturned in ensuring that the retrenched workers receive a fair compensation in terms of the wages that they would have earned had they not been illegally and unlawfully retrenched as well as in terms of other losses that they have incurred as a result of GMSA's barbaric retrenchments.

We hope that today's Labour Court ruling and NUMSA's determination in defending workers against unscrupulous employers such as GMSA provide a future lesson to other employers across sectors that South Africa is not a banana republic.

Otherwise we shall also unleash mass strikes if and when we find it necessary in defence of workers. Individuals such as Mr. Trevor Manuel who fabricated allegations on 11 June 2009 at the World Economic Forum in Cape Town that labour is abusing its right to strike shall not deter us from defending and advancing the plight and interests of the workers and the poor.

For further information contact

Alex Mashilo, 082 9200 308 Numsa Spokesperson

Issued by the National Union of Metalworkers of South Africa Media Liaison & Information Publicity, Johannesburg

Since 2007 GMSA destroyed 1313 jobs through retrenchments and separation packages that have turned out not to be so much helpful to workers after losing their jobs.

This number includes the 280 workers that GMSA illegally and unlawfully retrenched in April 2009. Also illegal and unlawful, GMSA went ahead to issue 130 workers with letters stating that they have been retrenched and will therefore be released.

In all this GMSA has not found a single reason to consult with the National Union of Metalworkers of South Africa (NUMSA) on behalf of the affected workers. South Africa's labour law requires that employers must upon contemplating retrenchments engage in a joint consensus-seeking consultation with trade unions on behalf of the affected workers.

NUMSA has been appealing to GMSA to abandon its George W Bush's style of unilateralism in our labour relations. But GMSA didn't want to listen. Instead it chose to behave remorselessly ruthless and executed social death sentences against workers in the present capitalist system crisis by terminating their employment without regard to the rule of law.

The Labour Court in Johannesburg has today found that the retrenchments initiated by GMSA during April this year were procedurally unfair. Following this the Labour Court shall determine the amount of compensation to which the retrenched workers are entitled.

GMSA has further been ordered to consult with NUMSA in order to reach consensus should it contemplate any other retrenchments. This order means that the letters of retrenchments that GMSA issued in April to 130 workers who are still in its employ are null and void.

NUMSA welcomes the Labour Court judgement and shall zealously continue defending and advancing the interests of all its members.

The union will further study the judgement to determine whether to challenge the substantive fairness of GMSA's April 2009 notorious retrenchments.

We shall also leave no stone unturned in ensuring that the retrenched workers receive a fair compensation in terms of the wages that they would have earned had they not been illegally and unlawfully retrenched as well as in terms of other losses that they have incurred as a result of GMSA's barbaric retrenchments.

We hope that today's Labour Court ruling and NUMSA's determination in defending workers against unscrupulous employers such as GMSA provide a future lesson to other employers across sectors that South Africa is not a banana republic.

Otherwise we shall also unleash mass strikes if and when we find it necessary in defence of workers. Individuals such as Mr. Trevor Manuel who fabricated allegations on 11 June 2009 at the World Economic Forum in Cape Town that labour is abusing its right to strike shall not deter us from defending and advancing the plight and interests of the workers and the poor.

For further information contact

Alex Mashilo, 082 9200 308 Numsa Spokesperson

Issued by the National Union of Metalworkers of South Africa Media Liaison & Information Publicity, Johannesburg

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