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The Labour Court on Tuesday declared the National Union of Metalworkers of South Africa’s (Numsa) strike at the Ngqura Container Terminal illegal and unprotected, forcing the few members of the union who were still on strike to return to work or face dismissal.
 
The order applies to Transnet permanent employees only. All Transnet employees who were on strike must report for duty starting Wednesday at 6am – the first shift of the day.
 
Numsa, which has just over 100 members of Transnet’s over 60 000 employees called on its members to a no-work, no-pay strike on 25 April this year. The strike has been characterised by incidents of violence as the majority of workers ignored the call to strike. A few striking Numsa members were arrested and charged over the acts of intimidation and violence. All the issues Numsa raised had been addressed by the time the union called a strike.   
 
Making the order, the labour court said Numsa and its members had failed to follow procedures set-out in the Labour Relations Act governing strikes. In addition, the court said Numsa and its members are bound by existing procedural agreements between Transnet and its recognised unions. Satawu and Utatu-Sarhwu, combined, represent about 80% of our colleagues in the bargaining unit both in Ngqura Container Terminal and company-wide. Numsa has less than three percent and requires a minimum of 30% representivity to be recognised.  In an unprecedented move, the court has ordered Numsa to pay all Transnet’s legal costs.
 
The company, through its employee assistance programmes, will activate the reintegration of the previously striking colleagues into the Transnet family.
 
The 14-weeks industrial action had minimal impact on Transnet’s port operations, thanks to various interventions in line with the company’s contingency plans, dedication of non-striking colleagues and heightened cooperation with major customers. Throughout the strike, the port experienced no delays nor congestion.  
 
 
 
Previously, Transnet which had heightened security around its employees and property was awarded an interdict ordering Numsa and its members to stop acts of violence, intimidation and lawlessness targeted at our non-striking colleagues at Ngqura Container Terminal. The court ordered Numsa and its members to stop:
·         Intimidating, assaulting or threatening to assault colleagues working at the Ngqura Container Terminal, and their families;
·         Causing damage to property ,vehicles or buildings of Transnet and its employees;
·         Inciting, encouraging or intimidating any person to commit an act of violence against Transnet, our colleagues, their families and properties.
In addition the judge ordered Numsa to inform its striking members that their conduct is unlawful and that they should stop the acts of violence.
 
On behalf of all the colleagues at Transnet, we wish to congratulate all in the company for their sterling effort over the last three months and also welcome the returning colleagues. Transnet is committed to cordial relations with its workers and a conducive working environment for all.