Imatu suffers financial woes after latest legal battle

After their employer was granted permission to withhold their salary, 189 Tshwane employees aligned to the independent municipal and allied trade union (Imatu) have suffered a financial catastrophe .

Imatu had brought an urgent application to the Labour Court in Braamfontein, Johannesburg to force Tshwane to pay 451 workers whose salaries have been withheld since August 25 due to the continuing strike action.

This after the Capital City was a battleground for instability, violence and intimidation since unlawful strike action had started on July 24, affecting service delivery operations at municipal offices.

Tshwane had since August determined to withhold the salaries of employees who were either not reporting or performing their duty.

Imatu, however obtained an urgent court interdict against this at the Labour Court on August 31, but only 84 employees were paid.

The court ordered that certain withheld salaries be immediately paid by no later than 14:00 on September 1 and, when Tshwane failed to comply, an contempt of court application was launched.

Tshwane spokesperson Selby Bokaba said Imatu suffered a heavy blow on September 22 ,when the court ruled in favour of Tshwane to withhold 189 salaries.

“Imatu asked the court to have two senior managers in the human capital department, including the city manager, be held in contempt of court for not paying the salaries of their members during the strike.

“The salaries of their members were recalled after Tshwane became aware that they were not executing their duties.”

Bokaba said the union wanted Tshwane to pay its members’ salaries for August and argued the dismissal of members was unfair, when they also held Samwu membership.

“Imatu had always insisted that their members were not involved in the strike.”

Bokaba said despite the arguments, the court dismissed all its attempts to have members paid, however, it stopped short of granting a cost order against the union.

Imatu Tshwane manager Lynette Burns-Coetzee said the trade union did not see Tshwane’s court victory as complete.

“The court might not have found in favour of the contempt of court application, but Imatu was still victorious in securing payment of salaries of our members whose salaries were not paid in August.”

She said on September 12, the union launched the contempt application, which inevitably forced Tshwane to pay members.

“All payments were received by September 15.”

According to Burns-Coetzee, the only outstanding salary payments were for 19 members facing dismissal for allegedly participating in the unlawful strike.

“Tshwane is failing to follow a fair and lawful procedure in these dismissals.

“One of the 19 dismissed employees was on maternity leave during the strike. She was not at work because of approved leave, yet Tshwane gave her a dismissal letter linking her to the strike.

“Another employee was praised by his supervisor for his exemplary performance of his duties during the strike, yet he was also dismissed.”

She said by not following due process, Tshwane was not playing fair.

“It is disheartening to see that Tshwane is abusing their power to play the political game at the expense of innocent employees who did not participate in the strike and worked whilst being intimidated by the strike.”

Burns-Coetzee had also previously accused Tshwane of failing to provide safety for the workers that faced intimidation, threats and violent assault while performing their duty.

She said Tshwane expected employees to show proof that they have worked before being paid their salaries, while they had knowledge of intimidation and violence by striking workers.

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