Telecommunications giant Telkom was ordered to halt its restructuring and retrenchment process and reach a settlement with trade unions before continuing the programme that could see up to 4 400 employees retrenched.
Solidarity deputy general secretary Johan Kruger on Wednesday said the Labour Court’s Judge David Gush ruled in favour, with costs, of the trade union’s application for an interdict following a declaration of dispute with the JSE-listed company last month.
Telkom group communication managing executive Jacqui O'Sullivan said the judgment was disappointing and would lead to "temporary delay" to Telkom’s restructure – a critical element in the future sustainability of the organisation.
Telkom stood accused of disregarding a 2008 agreement that required all disputes between parties within Telkom’s restructuring forum to be resolved before the firm could embark on a retrenchment process.
However, two days after trade unions declared a dispute, Telkom, on June 22, issued Section 189 retrenchment notices to the unions.
Telkom was ordered to retract its Section 189 notices to the unions and reach an agreement with them before the company could restart its restructuring process, while the trade unions were required to refer the dispute, which surrounded the interpretation and application of the collective agreement, to the Commission for Conciliation, Mediation and Arbitration within five days.
“We will study the full detail of the judgment to allow us to determine our next steps. We certainly would want to see a swift resolution of the dispute, to allow the very necessary restructuring process to continue,” O'Sullivan concluded.