CASAWU indicts uncooperative employers
Mpho Mokwape | Wednesday January 11, 2017 15:09
The union, Cashiers, Shop Assistant and Allied Workers Union (CASAWU) leadership has confirmed that they have taken necessary measures to make sure that employers recognise the union as it is solely formed for the betterment of the employees.
The union’s secretary Opelo Baleseng yesterday said some cases are still before the labour offices in an attempt to resolve them amicably.
“We have other employers who have failed to recognise the union and have not allowed the employees to be members despite furnishing them with all the necessary documents about the union, some are still before labour offices and one before court,” he said.
Baleseng explained that since the formation of the union, it has met mixed reactions from employers with some accepting and recognising it while others have made it clear that no employees will be allowed to be members, hence the swiftness to litigate some on behalf of the employees who suffer the most.
He said in one of the cases before court, a company that deals with supply of IT equipment, Drive Control Corporation, have refused to recognise the union and its employees to be members on grounds that the union does not meet the requirement as per their constitution. According to the documents before court, the company’s human resource manager Riana Barkhuizen had written to the union in a letter dated June 22, 2016 that they are unable to recognise the union therefore their employees would not be eligible for the membership.
“Be advised that although you satisfy the threshold for recognition as prescribed by Section 32(1) of the Trade Union Disputes Act and Section 48(1) of the Trade Union and Employers Organisation Act, our employees are not eligible for membership as per CASAWU constitution as they do not meet the requirements set out therein,” reads the letter.
However according the union’s documents they want an order for the distributive trade to recognise it, as it is legitimate. In a founding affidavit deposed by the union’s national organising secretary Dimpho Nyambe, it states that the matter had been heard before the labour offices for mediation.
He explained that there was no prospect of a settlement during mediation as the company was adamant that the union’s constitution does not cover their employees. The union is now seeking an order compelling the company to recognise the union and allow its employees to be members.