The Labour Court has once again shown it has zero tolerance for Trade Unions and its members who continue to defy its orders and labour laws and embark on unprotected strike actions.
The Court went so far as to impose a hefty R1 million fine on members of the National Union of Metal Workers of South Africa (NUMSA) who continued to strike after the court interdicted them to stop immediately and return to work.
This comes after employees at Betafence who went on strike in a wage dispute, defied the court order and Numsa’s pleas to return to work. Betafence then approached the court to declare that the employees are in contempt of the court order.
Steve Harris, General Secretary of the United National Transport Union (UNTU), says employees who participate in a strike must comply with the terms of the Labour Relations Act. If not the strike is an unprotected strike and the employees may be dismissed by their employer.
Harris explains it makes matters even worst if an interdict preventing the employees from continuing with the unprotected strike is granted in favour of the employer, but is being ignored by the employees.
The Labour Court ruled that the rule of law will become meaningless if employees can just decide to ignore its orders. “The result will be that anarchy and mayhem, which normally characterizes most industrial actions we have witnessed, will become the new normal. This cannot bode well for our constitutional democracy, and only a stern approach by the courts can stop this slippery slope”, the court said.
The court has sent a powerful message that it will no longer tolerate wilful defiance of its orders.
UNTU Greetings.
Sonja Carstens
Communication, Media and Liaison Officer
Obo
SA HARRIS
GENERAL SECRETARY
