Photo by: Duane Daws
Trade union Solidarity expects its Labour Court application for an interdict to protect the union’s members at engineering firm Actom against an alleged unlawful lockout to be heard on Thursday, Solidarity Labour Court division head Anton van der Bijl said.
Solidarity said in a statement on Monday that its members, who are employed at Actom, had been denied access to the workplace since July 1 – when 220 000 National Union of Metalworkers of South Africa members embarked on a strike in the metals and engineering industries – and were being denied their salaries.
“In terms of the Labour Relations Act, the employer cannot simply suspend his employees’ service contracts without both parties agreeing to it. We will, therefore, argue that the employer is not acting in accordance with the stated Act,” Van der Bijl stated.
He said Solidarity would request the court to declare the lockout illegal, to rule that Solidarity’s members should be given access to the workplace, to rule that the union’s members had to be reimbursed any funds lost as a result of the lockout, and to rule that members must be given back the mandatory leave they were forced to take.
Actom in a statement on Tuesday confirmed receipt of the notice of motion submitted by Solidarity to the Labour Court.
"We are studying the papers and seeking advice thereon," Actom said.