Pretoria - South African Airways (SAA) has welcomed the Labour Court’s decision to dismiss an application from several unions to prevent the national carrier from proceeding with a retrenchment exercise.
“SAA feels vindicated by the ruling of the Labour Court today following a ruling of the court in relation to the retrenchment procedures followed by SAA and challenged by organized labour at SAA and SAA Technical (Maintenance subsidiary of SAA),” said the national carrier on Monday.
Labour unions Aviation Union of Southern Africa (AUSA), National Union of Metal Workers of South Africa (NUMSA), South African Transport and Allied Workers Union (SATAWU), Solidarity and others sought to prevent SAA from proceeding with its retrenchment exercise pending compliance with a fair procedure.
“Whilst it was within the labour unions’ rights to approach the court, SAA feels it was a step completely unnecessary as the differences could have been resolved in a mutually constructive manner,” said SAA.
The court in its judgement stated that during the consultation process, the companies consulted with the seven registered unions and two management representative bodies.
“Although the 60-day period provided for in section 189A(7) elapsed on 20 June 2015, the consultation process was extended on a number of occasions – first to 9 July 2015, then to 22 July, and thereupon to 22 August 2015. To date over the course of some 3 ½ months, the parties have conducted nine facilitated consultation sessions, and 45 private consultation sessions,” said the court.
In relation to SAA, the court held that the collective agreement concluded between SAA and its recognised trade unions, being the National Transport Movement (NTM), United Association of SA (UASA) and the South African Cabin Crew Association (SAACA) -- who were the fellow respondents -- was valid and binding.
“AUSA, NUMSA, SATAWU, Solidarity and others' attempt to set aside an agreement concluded between SAA and its recognised trade unions failed. SAA and its recognised trade unions believe that the collective agreement benefits SAA and all its employees.”
In relation to SAAT, no collective agreement was concluded despite numerous attempts by SAAT to conclude such an agreement for the benefit of its employees and the company.
“The court's dismissal of AUSA, NUMSA, SATAWU, Solidarity and others' application is indicative of the fact that processes of this nature can only be resolved with a commitment by all parties to joint consensus seeking.
The parties have a mere five days prior to the consultation sessions being potentially terminated. We call on the trade unions to commit themselves to the process in the interest of SAAT and its employees,” explained SAA. - SAnews.gov.za
