Further to the statement issued yesterday, 3 November 2016, on the strike by members of the National Union of Metalworkers of South Africa employed by Enforce Security Services, the Labour Court in Durban has delivered a judgement to uphold Numsa’s demands and rendered the strike lawful. The following order was made against Enforce:-
1.  Enforce’s application to Interdict Numsa strike is dismissed by the Labour Court with costs.
The workers are therefore continuing with the protected strike which began at 06h00 on Friday 4 November and the strike will continue until our members’ demands are met by Enforce by suspending two managers who had dismissed our shop steward.
As yesterday’s statement said:
The CCMA granted the union a certificate of outcome of dispute on 19 October 2016 which confirmed that the dispute between the two parties had not been resolved.
Numsa referred the issue to the CCMA on the grounds that the employer had failed to discipline two of its managers for alleged misconduct which directly affected our members.
Before declaring a dispute, the union presented the evidence on which the allegations were based, in the form of recordings which were made during a disciplinary hearing of one of our shop stewards. This evidence showed that the two managers were denying Numsa members the right to be represented by their fellow union members in disciplinary hearings and were colluding to manipulate hearings.
After one hearing at which a shop steward, Ernest Mokgalaka, was dismissed, he left the disciplinary enquiry boardroom to do some photocopies, but left his cell phone recording on.
That recorded conversation provides the evidence on which Numsa is demanding the disciplinary action against the said managers. It shows that we are dealing with union bashing and misconduct by managers who are clearly declaring war against Numsa members and already we are having casualties as a result of this.
Numsa’s representative at the CCMA hearing argued that the employer should fairly suspend the two managers, conduct an investigation and hold a disciplinary enquiry. The union is further demanding that an independent chairperson be appointed to conduct the disciplinary enquiry. Numsa is also planning a march to the company in order to add to the impact to our action against the company.
Numsa is determined to resist such attacks on its members’ rights and ensure that workers are treated with respect.
The actions of Enforce Security Services are part of a broader offensive by employers to undermine union solidarity and deny workers their hard-fought-for rights to fair and equal treatment.
Patrick Craven, Acting Numsa Spokesperson
083 376 7725