Trade union Solidarity is applying for an urgent interdict at the Labour Court against the current retrenchment process at South African Airways (SAA) and SAA Technical (SAAT), as it believes the companies are not following the required procedures as stipulated in Section 189A of the Labour Relations Act (LRA).
The application comes after SAA, on July 24, unilaterally reached a collective agreement with majoritarian trade unions at SAA, the National Transport Movement and UASA.
The agreement was expanded to members at SAAT as well. In terms of this agreement, certain selection criteria and a timeframe within which the retrenchment process has to be finalised, have been determined.
However, Solidarity, the National Union of Metalworkers of South Africa, the Aviation Union of Southern Africa and the South African Transport and Allied Workers Union’s joint application under Section 16 of the LRA, which formally requested SAA to disclose the necessary information on the reasons for the retrenchment process, has not yet been finalised. The Commission for Conciliation, Mediation and Arbitration still had to decide on the matter.
“Solidarity and the three other unions last week brought a joint application before the court to compel the company to follow the required procedures during its retrenchment processes in future. We believe SAA and SAAT have not created sufficient opportunity for constructive consultation with trade unions on the retrenchment process,” Solidarity industry head Johan Botha said.
In the application, Solidarity requested that SAA and SAAT not proceed with the implementation of the provisions of the collective agreement. Solidarity also requested that the Section 16 process be finalised and that trade unions be given an opportunity to consult with the employer about the retrenchments until at least August 22.
Botha explained that disclosure of information formed an essential part of consultations concerning retrenchment processes. “We believe that under labour legislation the rationale for retrenchments must first be properly considered before selection criteria and voluntary severance packages can be discussed.
“Therefore, we want to ask the court to postpone the retrenchment process to enable us to consult, as it should, with the employer about the rationale for the process,” Botha said.
The court application was expected to be heard in the Labour Court in Johannesburg on Thursday. About 730 employees would be affected by the concurrent processes at SAA and SAAT.