NUMSA granted interdict to prevent SA Steel Mills from unlawfully disciplining and dismissing workers
7 May 2024
The National Union of Metalworkers of South Africa (NUMSA) welcomes the judgement of the Labour Court which was handed down today, preventing SA Steel Mills from unlawfully disciplining and dismissing workers. NUMSA was compelled to rush to the Labour Court in Johannesburg today on an urgent basis, to apply for an urgent interdict, blocking the bosses at SA Steel Mills from abusing their power, and unlawfully dismissing workers.
SA Steel Mills suspended 162 workers for what it claims, is misconduct for participating in an ‘unlawful strike’. Our members went on a protected strike on the 16th of April, and the court granted the company a temporary interdict to block the strike on the 19th of April. Arguments on whether the interim order should be made permanent, will be made on the 9th of May at the Labour court in Johannesburg. The court has not made a final determination on the legality of the strike, therefore, it is unfair for SA Steel Mills to discipline and attempt to dismiss workers, over this, when the courts have not pronounced on it.
We had no choice but to rush to court to defend workers, on an urgent basis because the employer has been tailoring its case to dismiss workers, through unlawful means, in internal proceedings. It has set up a sham disciplinary process and it has already found them guilty and intends to dismiss them. NUMSA had to institute an urgent Application to interdict and restrain the employer from dismissing members until such time as the Labour Court determines the legality of the strike. We contend that the strike is protected because we followed the procedures of the Labour Relations Act.
The Honourable Tlhothalemaje J presided over the matter, and Advocate K. Naidoo appeared on behalf of NUMSA. Mr. Walter Dlamini appeared on the Respondent’s (SA Steel Mills) behalf.
Judgment was handed down this afternoon, in favour of NUMSA as follows:-
“1.The Applicant’s failure to comply with the rules of this court is condoned and the matter is heard as one of urgency.
Pending the finalisation of the proceedings and the return date of the matter under case number J402/2024, the Respondent is interdicted and restrained from imposing any disciplinary sanction against the individual Applicants listed in annexure “x” of the founding affidavit.”
This basically means the bosses at SA Steel Mills are not allowed to proceed with any more disciplinary hearings, and, they are prevented from implementing any findings from the hearings, until the matter of the legality of the strike, has been ventilated in court, on Thursday the 9th of May.
NUMSA has communicated the outcome of the court case to the employer, so that it ceases to implement the dismissals. At the same time, we are preparing to defend our members in court.
We will fight for their right to strike!
Issued by Kabelo Ramokhathali, NUMSA Regional Secretary Sedibeng, 8 May 2024
