Wednesday,
15 August 2018: Eskom
has today declared a dispute with trade unions National Union of Mineworkers
(NUM), The National Union of Metal Workers of South Africa (NUMSA) and
Solidarity over the precondition that NUM and NUMSA introduced as part of the
wage negotiations.
Last
week at a meeting convened through the auspices of the Commission for
Conciliation, Mediation and Arbitration (CCMA)(Section 150) the three
recognised trade unions all in principle agreed to Eskom’s three-year wage
proposal and conditions of employment where bargaining unit employees would see
a salary adjustment of 7.5% in 2018/19 and 7% in 2019/20 and 7% in 2020/21, an
annual cost of living (CPI) adjustment to their housing allowance as well as a
once-off cash payment of R10 000.
However,
at the time NUM and NUMSA introduced a precondition that Eskom should not
discipline employees who took part in the July/August unprotected strike. Eskom
could not agree to this precondition.
In
June 2018, NUM and NUMSA defied the Labour Relations Act (LRA) and its
essential service provisions and embarked on unprocedural, and therefore
unlawful and unprotected, strike action. This strike action included various
acts of criminality, including alleged acts of sabotage and destruction of
property. The industrial action led to the power system being constrained and
rotational loadshedding for three days, negatively impacting the economy.
The
Minister of Public Enterprises, Pravin Gordhan, intervened and convened a
meeting where all parties reached an understanding that the unions would end
all unlawful industrial action and the company would not discipline employees
who engaged in the June 2018 unlawful industrial action.
Negotiations
resumed in a peaceful and orderly fashion in the Eskom Central Bargaining
Forum. Regrettably, no agreement was reached and at the end of July 2018 all
parties commenced with the section 150 mediation process in terms of the LRA.
In
July some employees embarked on further unprotected industrial action until the
3rd August 2018 despite a court interdict and company communication
to staff reminding employees that Eskom is an essential service. These events
again led to power system constraints and load shedding. The power system will
take about 30 days to recover from the effects of the illegal strike and there
is a risk of further load shedding during this period.
Today
the CCMA closed the section 150 process in terms of the LRA as the parties
deadlocked during talks. NUM and NUMSA demanded that irrespective of the
outcome of the disciplinary process, no member should be dismissed.
“Eskom
reserves its right to follow the disciplinary process in line with the
company’s Disciplinary Code and Procedure,” Eskom Group Executive for Human
Resources Elsie Pule said.
“In an effort to bring the process to
a conclusion, Eskom has referred a mutual interest dispute to the CCMA. We
remain positive that the process will be expeditiously resolved,” she said.
ENDS