By: Bright Ntuli
Trade unions have welcomed the Labour Court’s decision to reinstate all workers from Newcastle north of KZN and Vereeniging Gauteng, who were unfairly retrenched by ArcelorMittal South Africa earlier this month.
AMSA unilaterally terminated the consultation process on retrenchments at the beginning of March and, without consultation, proceeded with dismissals.
The National Union of Metalworkers of South Africa’s spokesperson, Phakamile Hlubi-Majola, says this is a victory for the union because it provides an opportunity to possibly look at alternatives to retrenchment.
“The court found in Numsa’s favour and what this means for workers is the following: AMSA must follow a fear process by restarting talks with Numsa about possible retrenchments, secondly AMSA is not allowed to dismiss any worker at it’s Newcastle and Vereeniging plants. Based on that January notice, if you have already dismissed anyone because of it they must reinstate them until they have properly followed the fair consulting process,” says Hlubi-Majola.
Meanwhile trade union federation Saftu says the Court’s ruling against reaffirms the right of workers to fair consultation and procedural justice.
The South African Federation of Trade Unions’s Asive Dyani says the ruling is a turning point in defending workers from retrenchment abuse.
“This ruling sends a resounding ruling message to all employers. Retrenchments procedures are not a formality, they must involve genuine consultation, transparency and an exploration of alternatives. It is a victory for the entire working class, proving that organised workers can and must resist unlawful retrenchments,” says Dyani.
