Transnet's Durban port container terminal. Photo: Simphiwe Mbokazi. Transnet's Durban port container terminal. Photo: Simphiwe Mbokazi.
Johannesburg - The United National Transport Union (UNTU) and its legal team said they are considering approaching the Labour Court for an interim interdict against Transnet after changes were made to the leave policy.
The transport union on Wednesday labelled the changes as a “malicious enforcement”.
This comes after Transnet sent out a letter on September 1 to its employees stating that all staff who are not restricted by operational requirements will be required to schedule their leave from to December 17 to 31, with these amendments backdated as of June 1.
Steve Harris, general secretary of UNTU said the union disagrees with Transnet's belief that the company has a general prerogative to establish policy that may supersede the terms of an existing agreement.
“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.”
Read also: State companies funding squeeze continues
Last year, UNTU disputed amendments to the leave policy when Transnet required employees, who were not needed for business operations 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 very low anticipated demand for its services in December, it proposed to shut down its head office over December.
The arbitrator of the Transnet Bargaining Council ruled against Transnet and it has since applied to the Labour Court in Johannesburg to review and set aside the arbitration award.
The union on Wednesday also noted that the implementation of the amendments to the management leave policy come pending the Labour Court application by Transnet.
“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.” DETAIL ON APPEAL
Transnet was not immediately available for comment.
LABOUR BUREAU