From Solidarity:Â
 The urgent interdict that trade union Solidarity obtained today against Continental Tyres to stop the company’s unfair retrenchment process is not merely a small victory, but is in fact a larger victory in the struggle against the marginalisation of minority trade unions in the workplace, the union says. Solidarity was granted an urgent interdict against Continental Tyres by the Labour Court in Port Elizabeth today. This comes after Continental Tyres and the National Metalworkers Union of South Africa (Numsa) recently, without Solidarity’s knowledge, agreed that the company could modify its shift system in a way that could see 125 employees, including Solidarity members, being laid off.
According to Johan Kruger, Deputy General Secretary of Solidarity, the interdict stipulates that Continental Tyres must discontinue its section 189 retrenchment process and that no Solidarity members or non-union members may be laid off in terms of the mentioned agreement between Continental and Numsa. “Although the interdict provides temporary relief, we are satisfied that the layoffs have been prevented and that we were able to protect our members against the unfair retrenchment process. Had we not obtained an urgent interdict, the employer would have decided on the selection criteria for the layoffs at a meeting on Monday. Moreover, Continental Tyres must cover the costs Solidarity incurred in obtaining the interdict,” says Kruger.
Numsa and Continental Tyres reached an agreement early in May following a month-long strike by Numsa members regarding the company’s shift system. “As a result of the agreement, the company would have had to lay off approximately 125 employees, including Solidarity members. The parties concerned never consulted Solidarity and simply, based on the fact that Numsa is the majority trade union at the company, proceeded to implicate Solidarity members in the unfavourable agreement. We are of the opinion that our battle against Continental Tyres draws renewed attention to the unfairness that often goes hand in hand with the majoritarian principle in the workplace,” says Kruger.
Kruger says Solidarity will meet with the company again should it initiate a revised retrenchment process. “We will continue to resort to legal remedies should Continental Tyres fail to comply with legal procedures again.”
Published on June 17th:Â
Trade union Solidarity will apply for an urgent interdict against Continental Tyres in the Labour Court in Port Elizabeth tomorrow in a bid to stop the company’s current section 189 retrenchment process. This comes after a questionable agreement was made applicable to Solidarity without the trade union’s knowledge or consent. The agreement, reached between the National Union of Metalworkers of South Africa (Numsa) and Continental Tyres in Port Elizabeth, led to the company’s shift system being changed, causing layoffs that affect members of both Numsa and Solidarity.
According to Johan Kruger, Deputy General Secretary of Solidarity, the agreement between Numsa and Continental Tyres was reached early in May following a month-long strike by Numsa members regarding the company’s shift system: “In terms of the agreement, shift workers who worked only on Saturdays and Sundays in a pattern of five shifts will, from now on, be paid one-and-a-half times the normal wage on a Saturday and double the normal wage on a Sunday. These changes have resulted in shift workers having to work two out of every four weekends from now on and the company having to lay off approximately 125 employees.”
Solidarity requested the company in several letters to defer the retrenchment process that was ratified by the agreement until the employer has followed the correct, legal procedures. “The employer has, to date, not heeded Solidarity’s requests. Solidarity is therefore resorting to legal remedies in order to protect its members against the unfair and dubious retrenchment process,” says Kruger.
Kruger says it is disappointing that both Continental Tyres and Numsa proceeded to finalise the agreement without consulting Solidarity and its members at all. “The agreement was simply applied to Solidarity members, in spite of them not knowing how it would affect them. Moreover, the provisions of the agreement do not comply with legal requirements. Section 189 of the Labour Relations Act stipulates that employers have to notify all trade unions in writing and formally if their members are affected by layoffs. Trade unions must also be given the opportunity to consult with the employer regarding the grounds for the layoffs,” according to Kruger.
