Workers at Enforce Security Services have won a historic victory, not only for themselves but for all workers whose rights are being threatened by union-bashing employers
On 4 November 2016 members of the National Union of Metalworkers of South Africa employed by Enforce Security Services went on a protected strike in support of their demands that the company take disciplinary action against two managers.
The union had recorded evidence that during a disciplinary hearing of one of its shop stewards, 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. It proved that this misconduct by managers amounted to an attack against Numsa members.
The union’s representative at a CCMA hearing argued that the employer should fairly suspend the two managers, conduct an investigation and hold a disciplinary enquiry and that an independent chairperson be appointed to conduct the disciplinary enquiry.
After the Labour Court in Durban on 4 November 2016 confirmed that the strike was lawful, and the workers went on strike, the company and the union met on 6 November and reached an agreement which included that:

1. The Company agrees to institute an immediate ‘Suspension from Duties’ onto Senior H.R./I.R Officer (Franklyn Mokovhi) and Retail Risk Manager (Simon Molele) on the basis that they will be subjected to an urgent Disciplinary Enquiry.
2. The Parties hereby agree that Chantal Pillay (Company Representative) and Enock Manyoni (NIMSA Representative) will be responsible for securing an Independent Chairperson to preside of such Disciplinary Enquiry, by nominating at least three Senior C.C.M.A./Tokiso Commissioners.
3. The Company will ensure that there are no acts of victimisation against any employees who have embarked on the said strike.
4. In the event that NUMSA requests to allocate a representative to observe at the Disciplinary Enquiry proceedings (including findings), the Company will allow such.
5. The company will conduct a preliminary investigation inclusive of NUMSA’s evidence/witnesses and access its credibility for Disciplinary Enquiry purposes.
6. NUMSA hereby confirms that all Members who have participated in the said strike will resume duties as on 07^th November 2016 at 06:00am.

Numsa congratulates its members who determination to resist the employers’ attacks on their rights were upheld led to this victory. The union wants this to create a precedent for all employers: be warned – Numsa members will never tolerate actions 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