The National Union of Metalworkers of South Africa (Numsa) in KwaZulu-Natal has scored a major Constitutional Court victory against Japanese-owned car manufacturer – Toyota.
In September 2010, Toyota had brought impromptu disciplinary charges against Mr Philani Ziqubu, and he was subsequently dismissed from his employment. The union (Numsa) successfully challenged the dismissal of Mr Ziqubu. His case went to Arbitration and the union won the case. Toyota was forced to reinstate Mr Ziqubu, but instead of reinstatement Toyota took the matter for Review, which was dismissed by the Appeals Court.
A week ago Toyota, took Mr Ziqubu’ s case to the Constitutional Court, and through this process the union scored a groundbreaking victory, when 10 judges ruled in favour of Numsa and Mr Ziqubu, by dismissing Toyota’s case with costs. Toyota was instructed by the Constitutional Court to reinstate Mr Ziqubu. We are thrilled and excited by the Constitutional Court ruling. This victory has reaffirmed Numsa’s superiority as a true representative of exploited Metalworkers and a genuine opponent of unfair dismissals of workers by greedy employers.
Furthermore, the Constitutional Court outcome has buried the spurious lies being spread by a “shelf union” that Numsa has abandoned its historical mandate as a trade union to defend and advance the interests of worker’s on the shopfloor. This great union of Vuyisile Mini; Jabulile Ndlovu; Mtutuzeli Tom and others will never desert its members on a silver platter to the bosses, if needs be, we will perish with our members in the trenches.
For over 28 years, we have built this union to be a fighting weapon of worker’s; this union shall never be in the pockets of the bosses and lying politicians.
Numsa, as a worker-controlled, democratic and transparent trade union, we will continue to service our members, and we shall forever defend them against unfair dismissals by the greedy bosses, who have become arrogant and big-headed, amidst the triple crisis of poverty, unemployment and inequalities, in modern day class divided South Africa. No single worker shall be dismissed unfairly without any fight by the union. We call on the employers, especially in sectors where we organise, to stop harassing and dismissing workers unfairly.
Lastly, we call on workers, those unorganised or un-unionized to join their true trade union home – Numsa – in order to improve their conditions of employment and earn decent wages. It is when workers are organized as a powerful force that they can fight against exploitation and inferior wages at the shop floor.
It within this context that as Numsa, we fully agree with the call made by Cosatu’s General Secretary cde Zwelinzima Vavi – Don’t mourn! Mobilise! It is now high time that workers unite beyond the colours of their t-shirts or clothes, but unite with other workers to fight for decent wages; an end to mass retrenchments; poor service delivery; and loadshedding.
Mr Ziqubu’s union and its entire membership at Toyota welcome him back on the production line. May Mr Ziqubu’s case victory inspire other workers facing similar cases not to be despondent, but remain strong as the union continues to deliver quality service in line with the Service Charter, as adopted at our Special National Congress (SNC).
Contact:
Mbuso Ngubane
Regional Secretary
Mobile: 079 502 3242
Email: mbuson@numsa.org.za