LABOUR COURT DELIVERS FAR REACHING JUDGEMENT
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Dear Steel Industry employer
As per our previous correspondence the Labour Court, on 28 November 2018, set aside the decision by the MEIBC to request the Minister of Labour to extend the Council’s Administration Agreement to non-parties. The Court reserved reasons at that time but has now provided reasons for its decision.
The Labour Court, for a number of reasons, found that the actions of SEIFSA and the trade unions were in contravention of the MEIBC’s constitution and therefore invalid. Consequently, the request to the Minister of Labour also fell foul of the requirements of the Labour Relations Act.
The Court found that the last gasp effort by SEIFSA to have their agreements extended, by allowing parties without representatives on the Council to vote, is invalid and unlawful.
This judgement puts pay to SEIFSA’s most recent plot and will make it extremely difficult for the SEIFSA affiliated organisations and the trade union parties to the Council to request extension of agreements in future.
This is a fundamental court victory. However, many challenges still lie ahead. We cannot waiver in our resolve – not even for a single moment.
Success is not final, failure is not fatal: it is the courage to continue that counts.
We will keep our members abreast of developments in this regard.
Privileged and challenged to be South African.
We are all in this together.