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SA: Statement by the Federation of Unions of South Africa, asks CCMA to help with dismissals (08/08/2012)

8th August 2012

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The Federation of Unions of South Africa (FEDUSA) today formally requested the Commission of Conciliation, Mediation and Arbitration (CCMA) to facilitate a solution to a labour dispute at Gold One International mining company. Gold One’s application for the strike to be declared unprotected was overturned by the Labour Court, thus rendering unfair their subsequent dismissal of more than a thousand employees. FEDUSA today sent an official request to Gold One to consider allowing the CCMA to guide the process towards optimal resolution.

On 26 July 2012 FEDUSA reported that the Professional Transport and Allied Workers Union (PTAWU) was victorious in a Labour Court judgment which discharged the appeal by Gold One International, the employer that dismissed 1 055 employees on 11 June 2012. PTAWU challenged the interim court order proclaiming an unprotected strike on 4 June 2012, and Justice Basson ruled in their favour by finding that the strike was indeed protected, meaning that the dismissals were substantively and procedurally unfair.

Today FEDUSA engaged with the Director of the CCMA, Ms Nerine Khan who indicated willingness to assist in finding a win-win solution. This prompted a letter sent to Gold One Chief Executive Officer Mr Neal Froneman, requesting consideration for the CCMA route.

“Over the years we have found that often problems are better solved around the negotiating table than on the streets or in courtrooms, and that’s why we are asking the CCMA to facilitate a win-win solution. This process is on a voluntary basis and not binding to any party, but has real potential to provide a smart solution to the problem. We have applied it with success in the past,” said FEDUSA General Secretary Dennis George. “We hope that the CEO will see the potential benefit of this alternative dispute resolution mechanism,” he added.

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