Transnet send out a letter on 1 September 2016 to its employees informing them that all employees who are not restricted by operational requirements will be required to schedule their leave from 17 to 31 December 2016. These irregular amendments are backdated to be effective from 1 June 2016.
This unilateral implementation of the amendments to the Management Leave Policy comes pending a pending Labour Court application by Transnet Soc Limited. The company earlier applied to the Labour Court in Johannesburg to review and set aside an arbitration award about the regulation of annual leave that was awarded by an arbitrator of the Transnet
Bargaining Council in favour of UNTU. A date has yet to be determined for the hearing of the matter.
Last year UNTU also disputed the amendments to the leave policy when Transnet required employees who were not needed for business operation over the December holiday period should take leave for 13 days. Transnet then informed UNTU that due to difficult financial conditions and in the light of the very low anticipated demand in December, is proposed to shut down its head office over December.
According to Steve Harris, General Secretary of UNTU, Transnet believes that the company has a general prerogative to establish policy that may supersede the terms of an existing agreement. The Union disagree.
UNTU objected to the proposed shut down as it could lead to employees needing to make adjustments to and even cancel leave plans because they don’t have enough leave available. In these cases, Transnet wanted to deduct leave in advance.
“UNTU firmly believes that Transnet is breaching collective agreements regulating leave. Last year the Arbitrator found that Transnet was indeed in breach of the agreement and the company had to reinstate the leave taken.
“Although the Union respects that Transnet has the right to appeal against the decision of the Arbitrator, it is malicious of the company enforcing it again this year pending the outcome of the appeal. Transnet is acting in bad faith in grossly ignoring the principals of collective bargaining, one of the pillars of our Constitution. This unilateral decision at this late stage of the year will have a devastating impact of the finances, planning and family time of our members over the upcoming Festive Season,” says Mr. Harris.
For enquiries phone Mr. 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.
