JOHANNESBURG, 17 August 2015 – South African Airways (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).
Labour unions AUSA, NUMSA, 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.
The Court in its judgment stated as follows –
"During the consultation process, the companies consulted with the seven registered unions referred to above, 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".
The Court termed the consultation process as a dynamic process of consultation over a period of some 3 ½ months.
In relation to SAA the Court held that the collective agreement concluded between SAA and its recognised trade unions, being NTM, UASA and SAACA (who were the fellow respondents) was valid and binding. Consequently, 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 SAAT's employees and the company. The Court dismissed AUSA, NUMSA, SATAWU, Solidarity & Others' application. It held as follows –
"In circumstances where the parties have, to date, engaged in nine facilitated consultation sessions and 45 private consultation sessions, and where the consultation process is due to continue at SAAT, I am unable to detect any substantial procedural failure in relation to SAAT that would warrant the intervention of this court in terms of section 189A(3) at this stage."
The Court's dismissal of AUSA, NUMSA, SATAWU, Solidarity & 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 5 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.
ENDS
About South African Airways (SAA)
South African Airways (SAA) is the leading carrier in Africa, serving 56 destinations, in partnership with SA Express, SA Airlink and its low cost carrier, Mango, within South Africa and across the continent, and nine intercontinental routes from its Johannesburg hub. It is a member of the largest international airline network, Star Alliance. SAA’s core business is the provision of passenger airline and cargo transport services together with related services, which are provided through SAA and its wholly owned subsidiaries: SAA Technical; Mango its low cost carrier; and Air Chefs, the catering entity of SAA. SAA is the winner of the 'Best Airline in Africa’ Award in the regional category for thirteen consecutive years and the winner of ‘Service Excellence Africa’ for three years. Mango and SAA hold the number one and number two successive spots as South Africa’s most on - time airlines.
Issued by SAA Group Corporate Affairs
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Tlali Tlali
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