Transnet Soc Limited acted in breach of its collective agreements with the United National Transport Union (UNTU), when it unilaterally implemented enforced leave last year and this year.
Judge Christina Prinsloo today ruled in the Labour Court in Johannesburg, in UNTU’s favour; that is it not open for Transnet to unilaterally determine when leave should be taken. The collective agreement between the parties makes no express provision that entitles Transnet to compel employees to take annual leave during shut down periods or periods when operational demands are low.
According to Prinsloo, Transnet’s employees must take their leave in accordance with the various collective agreements in its divisions. “Only where there is no agreement, the employer determines the timing of leave,” she said in her judgement of 27 pages.
The judge said that there is no merit in Transnet’s complaint that the senior arbitrator who ruled in UNTU’s favour last year, failed to distinguish between those employees who planned to take leave, were rostered or scheduled to take leave and took leave voluntarily and those who did not take leave voluntarily but were compelled to do so.
“In my view the arbitrator’s definition of “affected employees” and the relief he awarded clearly indicates that he intended the relief to be applicable only to the employees who were compelled to take leave during the enforced leave period. This excludes those employees who were in any event planning to take leave. UNTU is not seeking a blanket reversal of the leave taken by all its members,” Prinsloo said.
According to her the affected employees are entitled to relief. A proper assessment is needed to determine what they are entitled to.
The judge ruled that UNTU and Transnet must set up a joint task team comprising of an equal number of representatives of each party to determine the identity of the affected employees and to decide on the appropriate relief within 30 days.
The affected employees must make written submissions to the joint task team within 30 days after it was established. If employees fail to file written submissions within 30 days, they will forfeit their right to do so.
Prinsloo said, should the task team be unable to reach consensus; the effected employee may refer the dispute to the Transnet Bargaining Council.
UNTU represents almost 50% of Transnet’s employees.
Steve Harris, General Secretary of UNTU, says he believes the judgement to be fair. “The judgement enforces the principals of collective bargaining and collective agreements, a Fundamental Right in our Constitution,” says Harris.
He welcomes the fact that no UNTU member must face the negative financial impact of Transnet’s unilateral changes to its leave policy.
For enquiries phone Harris on 082 566 5516.
Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Releases e-mail sonja@untu.co.za or phone 082 463 6806.
