4 July 2007
This morning, the Labour Court confirmed Eskom's contention that any
industrial action by the National Union of Mineworkers, Solidarity, and the
National Union of Metalworkers of South Africa will be in contravention of the
Labour Relations Act and as such illegal.
The Labour Court granted an order declaring that the contemplated industrial
action by the union Solidarity will be in contravention of the Labour Relations
Act. Solidarity did not oppose the application. The National Union of
Mineworkers and the National Union of Metalworkers of South Africa, on the
other hand, gave Eskom a written undertaking that the two unions will not
embark on any industrial action that does not comply with the legislation. The
two unions also undertook to inform their respective member of this undertaking
given to Eskom, and further advise them to tender their services as usual. The
undertaking by the two unions was noted by the court. Over the past few days,
statements attributed to union officials were published in the media wherein
union officials confirmed their intention to engage in industrial action.
"We can now confirm to South Africans that the ongoing salary negotiation
with the three unions will not impact on the supply of electricity. We
reiterate our commitment to fair and equitable salary increment and to good
faith bargaining with the three unions. Following today's decision by the
labour Court, the environment is now conducive for continued negotiation and
for parties to reach a negotiated settlement", says Mpho Letlape, Eskom's
Managing Director for Human Resources Division.
Background information:
Eskom and the three unions (National Union of Mineworkers, Solidarity, and
the National Union of Metalworkers of South Africa) commenced their salary
negotiations in May 2007. Parties have gone through several rounds of
negotiations and are scheduled to meet again on Thursday, 5 July 2007 for
another round of negotiation. Thus far, the trade unions have not yet declared
a dispute on salaries but have declared a dispute on a Minimum Services
Agreement (MSA).
On 17 October 1997, the Essential Services Committee declared the
generation, transmission and distribution of electricity to be an essential
service. Essential service employees are, by law, forbidden from engaging in
industrial action. Until 2004, Eskom and the unions had in place a minimum
service agreement (MSA). An MSA is a collective agreement that is entered into
between parties, identifying employees in an essential service who can
participate in an industrial action.
In 2004 the unions terminated the minimum service agreement. During the
current round of negotiations, Eskom and the trade unions have unsuccessfully
attempted to negotiate an MSA. The current position at law, and following the
trade unions' decision to cancel the MSA, is that all employees in Eskom cannot
engage in industrial action until a new one is in place.
For further information, please contact:
Eskom's Media Desk
Tel: 011 800 3309/3343
Issued by: Department of Public Enterprises
4 July 2007
Source: Department of Public Enterprises (http://www.dpe.gov.za/)
