The warning comes after the municipality successfully obtained an urgent Labour Court interdict yesterday preventing more than 10 600 union members from embarking on the strike action which was to commence on Tuesday (18 June) and would have been for an indefinite period.
The strike would have affected key service delivery functions of the municipality such as water, electricity, health, waste management, policing, emergency services and disaster management.
“We are calling on all our employees to not heed calls to embark on the intended strike action as it is unlawful and thus unprotected. The order of the Labour Court is with immediate effect and any employee who participates in the strike action planned for 18 June 2013 by SAMWU shall be in violation of the order and disciplinary steps, which may be inclusive of dismissal, shall be taken against the said employee,” Sam Modiba, Ekurhuleni spokesperson explains.
Modiba moved to assure ratepayers in Ekurhuleni that the municipal services will not be interrupted and the municipality has contingency measures in place should workers embark on an illegal strike.
The union had served the municipality with a secondary strike notice in sympathy and support of an on-going labour dispute between SAMWU and the Brakpan Bus Company. The labour dispute at the Bus entity has been on-going since the 4th June 2013. The EMM has availed itself to mediate the dispute between the parties and to this end a facilitated session will be held with the union and the entity on Tuesday, 18 June. The union, however, elected not to withdraw its strike action, albeit with much persuasion from the EMM.
The Labour Court has thus ruled to the following effect:
• That the strike action by SAMWU and its members is unprotected and unlawful;
• That SAMWU and its members are interdicted and restrained from participating, being involved with and continuing with the unprotected and unlawful strike action which is scheduled to commence on the 18th June 2013;
• That SAMWU and its members are interdicted and restrained against:
– Interfering with and/or disrupting the business of the EMM;
– Intimidating, assaulting and threatening employees of the EMM;
– Obstructing and interfering with the performance of the duties of the employees of the EMM.
• That SAMWU is interdicted from encouraging or enticing its members to assault, threaten to assault or otherwise intimidate the employees of the EMM;
The above order of the Labour Court is with immediate effect and it has to be emphasized that any employee who participates in the strike action planned for the 18th June 2013 by SAMWU shall be in violation of the order and disciplinary steps, which may be inclusive of dismissal, shall be taken against said employee.
