Union fights against Telkom retrenchments
Trade union Solidarity has applied for an urgent interdict against the planned retrenchment of some 4,400 workers at Telkom.
The union said it will approach the Labour Court to obtain the interdict.
“The trade union is of the opinion that Telkom is disregarding an agreement on restructuring processes it had concluded with trade unions in 2008,” it said in a statement.
“Under this agreement Telkom must meet with trade unions and reach agreement with them before the company may start a restructuring process.”
The agreement further provides that should a dispute arise at Telkom’s restructuring forum, such dispute must first be resolved before a restructuring process may start.
Although trade unions on 19 June declared a dispute with Telkom over the planned retrenchments, Telkom carried on with the process, and on 22 June issued a section 189 retrenchment notice to trade unions.
According to this notice, as many as 4,400 persons could be retrenched.
Solidarity Deputy Head Johan Kruger said that the trade union has warned Telkom in writing to withdraw the notice.
Telkom has also confirmed that 3,400 employees will be transferred to outsourced companies.
“Through the urgent application Solidarity wants to compel Telkom to withdraw the notice and to stop the retrenchment process.” Kruger said.
“We are also applying that the dispute and process first be finalised by means of the restructuring forum. In addition, we are requesting that Telkom discontinue the use of affirmative action as selection criterion during the process.”
Telkom had previously rebutted the claim by the union that it was using race as a leading factor to determine which employees would stay at the group, saying that employment equity was only one of many other factors that would be considered.
Solidarity has maintained that white employees will bear the brunt of the telecommunication giant’s retrenchment process.
“We reject Solidarity’s selective use of the facts. In the Section 189 notices served on organised labour we proposed two selection criteria. These are (1) LIFO (Last In, First Out), subject to the retention of scarce and critical skills; and (2) employment equity considerations, where applicable,” Telkom CEO, Sipho Maseko, said.
In a statement on Thursday, Telkom’s executive for PR Corporate, Sinah Phochana, said:
“Telkom has taken note of the application launched by Solidarity, the Communication Workers Union and the South African Communication Union in an attempt to interdict the consultation meeting scheduled for 8 July 2015. The company believes that there is no merit in the urgent application launched by the three unions and is in the process of preparing opposing papers.
“Telkom is confident that it has to date followed a fair process, including engaging the three unions and sharing information with them, prior to issuing a s189 notice. The company is of the view that the s189 consultation process, which is to be facilitated by CCMA Commissioners commencing on 8 July 2015, should be allowed to go ahead and address the important challenges that the company needs to address.”
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