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) will no longer interdict Transnet to stop it breaching a court order.
This comes after Transnet lost a court battle to allow it to force staff to take either paid or unpaid leave during the December quiet period.
The union now says Transnet, which it claims was going to breach the ruling, has now agreed to abide by it. This comes after Transnet’s Bargaining Council on Wednesday signed an agreement covering matters of leave over December.
The union was set to go back to the Labour Court in Johannesburg to force Transnet to comply with the court order, it says.
Judge Christina Prinsloo ruled earlier this month that Transnet had breached collective agreements with the union, forcing employees to take leave over the festive season due to operational requirements.
“Transnet decided to capitulate at the eleven hour on the festive leave issue after realising that they were most likely going to get mud on their faces for a second time in the Labour Court in Johannesburg,” said Steve Harris, general secretary of Untu.
Prinsloo, in her judgement, said it was not up for the company to determine when leave should be taken because the collective agreement makes no express provision that entitles Transnet to compel employees to take annual leave during shut down periods or periods when operational demands are low.
The union said Transnet had not appealed against the judgment earlier this month, however denied that it was breaching the collective agreement by forcing its employees to take leave this year over the festive period again due to a shutdown in operations.
“Untu welcomes the fact that Transnet finally saw the light. Rather late than never,” said Harris.
Transnet did not immediately comment.
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LABOUR BUREAU