More than 350 EMPD officers who were facing dismissal after participating in an illegal strike are now back at work, according to the labour union, the Municipal Employees and Civil Servants Union (MECSU).

While the city opted to withhold information on the issue, stating that ‘the process is still unfolding’, MECSU confirmed that after deliberating on the matter and receiving individual representations from members explaining why they should not be dismissed, the city withdrew the pre-dismissal letters. The city then sent messages via WhatsApp directing members to return to work as of May 28.

The members in question were initially issued with pre-dismissal letters and suspended for participating in an unprotected strike that brought the city to a standstill on March 19.

Hundreds of EMPD officers took to the streets demanding salary adjustments. In response, the city added a 60-hour overtime payment to the monthly basic salary of all EMPD officers. They also requested danger and night shift allowances, as well as other benefits.

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Speaking at a media briefing held at Birchwood Hotel on May 28, MECSU general secretary Vukile Mlungwana stated that members received sanctions ranging from withdrawal of pre-dismissal letters to written warnings to be kept in their files for six months.

Others, according to Mlungwana, received more severe sanctions—final written warnings to be kept on file for 12 months.

Wage war looms
The union said that while it welcomes the city’s decision to withdraw the pre-dismissal letters, it has decided to push ahead with efforts to force the employer to meet its demands.

In addition to the EMPD demands, the union is also calling for the permanent appointment of employees currently on recurring fixed-term contracts at the Harambee bus service, which is an entity under fleet and transport in the city.

Responding to the Advertiser’s question about whether residents are likely to see a repeat of the March 19 disruptions, Mlungwana said they have organised a protected strike, not a protest.

“Our strike is not intended to cause disruption but to withhold labour in order to bring the employer to the table and resolve the issues at hand. We are not organising on highways; the strike will take place within municipal workplaces.”

The union stated that it had obtained a certificate to embark on a protected and lawful strike, aiming to compel the employer to address members’ grievances.

“We have served the city with a seven-day strike notice, which lapses on June 5.”

On the question of whether EMPD members will participate in the strike, considering that they are deemed an essential service and their right to strike is limited, MECSU said that the classification of EMPD officers as an essential service is in dispute and still requires clarification.

“However, if it is found elsewhere that EMPD officers are deemed an essential service, it will be the trade union members—supported by community members—who participate in the strike, as they have the right to show solidarity with the union.”

Wrong application of discipline
Regarding the steps taken against members accused of embarking on an illegal strike, Mlungwana stated that issuing pre-dismissal letters was not the appropriate action in disciplining the alleged misconduct.

He pointed out that the union has filed an unfair suspension dispute for 332 members. This dispute is set down for a conciliation hearing on June 12 at South African Local Government Bargaining Council (SALGBC) Offices in Centurion.

Based on the issued pre-dismissal letters, the union stated that it has approached the bargaining council because the collective agreement, which is incorporated into members’ contracts, does not outline a pre-dismissal process.

“The collective agreements only provide for pre-suspension pending the investigation, not pre-dismissal. So the employer acted outside the collective agreement and embarked on a process that is not agreed upon in dealing with discipline. Therefore, we concluded that pre-dismissal is, in essence, a pre-suspension disguised as a pre-dismissal.

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“The relief that we seek if it is found that such conduct is unfair is that each metro police officer who was subjected to pre-dismissal be compensated with 12 months’ salary so that the municipality will not repeat this conduct.”

The union also intends to challenge the final warning issued to its members at the bargaining council, citing their belief that the sanctions and the process itself are flawed as the reason.

Political interference
The union believes the application of discipline was tainted by political interference, stating that it was out of the ordinary for the executive mayor of the city to become involved in the city’s human resources management and disrupt the services of EMPD.

“The safety of the communities was put at risk when the mayor got involved in HR functions, even though the management responsible for disciplinary processes had already dealt with the matter.

“The responsible management had issued an ultimatum to the alleged striking employees calling upon them to return to work, which the employees promptly complied with.”

The Advertiser understands that, although the members had agreed to return to work after being issued an ultimatum following the disruptive protest, they decided not to report for duty on weekends.