Kouga Municipality has obtained an urgent interim Labour court order interdicting and
restraining all employees from continuing with the illegal, unlawful and
unprotected strike.
In
January 2021, SAMWU – the biggest labour union in Kouga Municipality – obtained
a strike certificate from the SALGBC in which they demanded a COVID-19
allowance.
SAMWU
then subsequently gave notice to the Municipality to embark on a strike, in
which the Municipality then referred an application and interpretation dispute
to the CCMA.
SAMWU
and the Municipality then agreed as per a settlement agreement to finalise the
said dispute at the CCMA before SAMWU can embark on a strike.
This
was then made an order of the Labour Court.
The
CCMA then subsequently ruled that they do not have jurisdiction over the case,
and then transferred the case to the SALGBC.
SAMWU
then immediately embarked on an illegal strike after receiving the CCMA ruling
as they deemed the matter as finalised.
The
Municipality saw this action as mala fide and the strike was declared
unlawful and unprotected.
SAMWU
and all the striking employees were advised as such on two occasions, however,
the strike continued unabated.
The
Municipality then approached the Labour Court and on 16 March 2021, the Municipality
obtained an interim Labour Court interdict declaring the strike as unlawful and
invalid and interdicting and restraining all striking employees from continuing
with the strike.
The
dispute referred to the CCMA, which in turn has been referred to the Bargaining
Council, must first be finalised as per
the Labour Court ruling, as has been reiterated by the Municipality numerous
times.
“The
principal of no work no pay will apply to all striking employees,” said Kouga
Executive Mayor, Horatio Hendricks.
“Services
should be back to normal from tomorrow, and we thank the public for their
patience.”
Source: Kouga Municipality media statement
Labour court order: SAMWU strike by Tanya van Zyl on Scribd
