LIMUSA Organisational rights dispute with TOYOTA & NUMSA going to Labour Court
05 April 2015
Liberated Metalworkers Union of South African had filled a request for CCMA arbitration on the 20 Mach 2015 against Toyota SA this after failed Conciliation process at CCMA, 30th April 2015 was then scheduled for the arbitration.
The dispute is about the refusal by TOYOYA to grant LIMUSA organisational rights by using a NUMSA sponsored fraudulent document which is coined a threshold agreement.
This document is littered with various flaws, it is nothing but a devil’s alliance between TOYOTA and NUMSA to abort LIMUSA.
On the day before of the arbitration, we discovered two things when we were consulting with our attorneys in preparation.
Firstly, CCMA has no jurisdiction to nullify collective agreements.
Secondly on our original application to CCMA, we did not include or site NUMSA as a second respondent on the dispute as they are party to the agreement we are challenging.
These two reasons has led us to a tactical withdrawal of the case at the CCMA level on the 30 April 2015.
As LIMUSA we have since taken a decision to take this matter to Labour Court as an agent application against TOYOTA SA and NUMSA and they soon shall be served with court papers in this regard.
It is our view that Labour Court is an appropriate structure to provide the remedial action that we are seeking. Parallel to that process we are engaging on a verification meeting with Toyota management to verify our current status on membership to expose the shelf union myth by our detractors.
To us nullifying his fraudulent document is a principle matter and it will also provide certainty in the industry on matters of threshold agreements ,that’s why we will continue even beyond meeting the 30% threshold to challengethis fraudulent document.
We shall not waste our time or be distracted from doing our noble task of building the new home of metalworkers, the only metalworkers union in South Africa by chasing little shadows of the NUMSA leadership clique on their disparate attempts to seek attention.
Statement issued by Cedric Gina, LIMUSA National Organiser, May 5 2015
