Job security put on the line at Inkosi Langalibalele Local Municipality
Following retrenchments letters which caused panic - is it now possible that this may fall away?
On April 24, a task team meeting to discuss the proposed retrenchments was postponed due to an incomplete report presented by the municipal chief financial officer and municipal administrator, Dumisani Vilakazi.
READ THIS: More delays plague decision on municipal retrenchments in Estcourt
Back in 2007, the Department of Co-operative Governance & Traditional Affairs (COGTA) in KwaZulu-Natal placed the newly amalgamated municipality under Administration.
On November 8, 2018, the administrator at the time, Mr T Manda, sent a letter to all municipal employees, including those belonging to the South African Municipal Workers’ Union (SAMWU) and Independent Municipal & Allied Workers’ Union (IMATU).
The four-page letter addressed the “possible dismissal based on operational requirements”. The letter blames the former Imbabazane Municipality for not having undergone a complete job evaluation process.
This caused the problem of salary disparities to surface. The letter had to be the first of many steps taken to inform employees of possible lay-offs.
Surprisingly, listed on the third page of the retrenchment letter are 10 detailed points contradicting that the lay-offs are proposed.
The first point lists alternatives the municipality say they have considered to avoid resorting to retrenchments.
It also stated that Mr Manda and the municipality are contemplating the termination of “certain employees” based on the municipality’s operational requirements.
The letter states: “The criteria for the retrenchments will be last in first out but be subject to skill and or the individual employees who refuse to participate in the alternatives. It is proposed that severance pay be done over a period of six months and not in a lump sum. Any employees retrenched will be considered for future re-employment. The possibility for future re-employment exists.”
Following the resignation of Mr Manda, who initiated the process, newly-appointed administrator Mr Vilakazi discussed the current financial position in February.
On March 18, the municipal management team met with IMATU at Council Chambers. The engagement was facilitated by the Commission for Conciliation Mediation & Arbitration (CCMA).
Talks relating to the financial status of the municipality and job security of employees were held.
Estcourt News’ first port of call for comment was from the administrator, Mr Vilakazi.
The municipal manager, Mr Mkhize, has referred Estcourt News to contact the administrator; following various emails Estcourt News has been met with – no comment.
Local chairperson of IMATU Simphiwe Sikhakhane said, “The task team met last week and still have to consult with employees pertaining to the employers’ proposal, which is not wanting to implement the increment due in July. If employees agree with this, retrenchments will fall away.”
KwaZulu-Natal IMATU regional manager Cathi Botes says they will strongly oppose any threats of job losses.
“A clear and sustainable solution must be found that addresses inefficiencies, but most importantly tackles the real problems of poor planning, intermittent leadership and financial irregularities.”
She concluded by speaking of the task team facilitation: “We are waiting for the reports that will be tabled by the employer. Then we can engage.”
SAMWU provincial secretary Jaycee Ncanana said, “In the interest of service delivery to the people of Estcourt and Weenen, the Inkosi Langalibalele Municipality cannot be allowed to totally collapse. We will not stand idle when municipal workers are relegated to poverty, starvation and hunger. We will, therefore, be challenging the attempts to retrench these workers.”
As per the labour court, the employer has to show that the decision to retrench “was properly and genuinely justifiable” by operational requirements. These “reasons will come under scrutiny”.
The judge emphasised: “The function of a court in scrutinising the consultation process is not to second-guess the commercial or business efficacy of the employer’s ultimate decision, but to pass judgement on whether the ultimate decision arrived at was genuine and not merely a scam.”
ALSO SEE: Facilitation to address municipal retrenchments set for today
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