Cape Town loses metro police appeal - SAMWU

Abridged disciplinary procedure used against protesting cops found to be invalid

City of Cape Town loses Metro Police Appeal

The City of Cape Town on Tuesday this week lost their appeal to the Labour Appeal Court in the metro police disciplinary matter.

"In 2007 metro police officers went along the N2 to hand over a memorandum to the then Mayor, Helen Zille, concerning their grievances. Following that action the city wanted to discipline staff according to an abridged disciplinary procedure which was not in compliance with the National agreement. The South African Municipal Workers Union (SAMWU) successfully interdicted the city and it is that judgment the city appealed against" said Mario Jacobs, SAMWU Cape Metro Regional Secretary.

The labour Appeal Court (LAC) Judgment, delivered by the Judge President of the Labour Court, Dunstan Mlambo, commented that "The appeal is clearly misconceived and must fail".

More strikingly is the fact that the city complied with the Labour Court ruling which made their appeal application academic. The LAC ruled that, on that basis alone, the city's application had to be dismissed. The Appeal Court also ordered the city to pay the cost of their court application. Jacobs said that this amounts to a few hundred Thousand Rand which could have been used to deliver much needed services.

"The ruling of the Labour Appeal Court confirms the correctness of the position taken by SAMWU. It further confirms that collective agreements are binding on the parties thereto and must as such be respected" said Jacobs.

Statement issued by SAMWU Cape Metro Regional Secretary, Mario Jacobs, February 9 2012

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