Judgement was handed down yesterday (9/11/2016) by Judge Prinsloo on the “Urgent Application” by UNTU and the “Review Application by Transnet”.
Urgent Application
In paragraph 115, page 24 of the judgement she states: –
“UNTU brought an urgent application to stay Transnet’s proposed leave plan for December 2016, pending the final determination of the review application. The review application is now decided and there is no basis to grant this relief. Transnet has acted in breach of the collective agreements by unilaterally implementing enforced leave. Transnet should act in accordance with the provisions of the collective agreements that regulate leave”.
Review Application
In paragraph 119, page 25 of the judgement she states: –
“Furthermore Transnet was partially successful in its review application and UNTU was partially successful in its opposing application”.
In Judge Prinsloo’s order, she clearly confirms that the “Finding in paragraph 37.1 of the award is confirmed”.
Refer to below extract of the award in paragraph 37.1
“Transnet acted in breach of the relevant collective agreements when it unilaterally implemented enforced leave during the enforced leave period”.
However, she replaces the findings of the award in paragraph 37.2 and 37.3 with the following: –
1.2.2 UNTU and Transnet must set up a joint Task Team comprising an equal number of representatives of each party to determine the identity of the affected employees, the extent to which they may have been affected by the unilateral implementation of enforced leave during the period 17 December 2015 to 3 January 2016 and where applicable, the appropriate relief;
1.2.3 the joint Task Team must be set up within 30 days of this order;
1.2.4 Those of the affected employees who wish to file written submission to the joint Task Team must do so within 30 days after the Task Team has been established;
1.2.5 The joint Task Team must assess the written submissions of the affected employees and take a final decision on the appropriate relief within 30 days after the expiry of the period within which to file written submissions;
1.2.6 Affected employees who do not file written submissions within the 30 days as set out in paragraph 1.2.4 supra, will forfeit the right to do so;
1.2.7 Should the joint Task Team in any case be unable to reach consensus, the affected employees may refer the dispute to the Transnet Bargaining Council in accordance with the provisions of section 24(8) of the LRA as a dispute concerning the application of a collective agreement.
We must caution our members that Transnet has the right to apply for leave to appeal on the said judgement.
We thank all our loyal members for their patience in this matter and do understand that it has been a rather frustrating period, hence a ruling has now been made and is thus concluded for now.
SA HARRIS
GENERAL SECRETARY
