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SACCAWU: SACCAWU dispute with Birchwood Hotel

SACCAWU: SACCAWU dispute with Birchwood Hotel

2nd September 2015

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SACCAWU members have witnessed growing anti-Union aggression coupled with acts of unilateralism on the part of Birchwood Hotel management over the past few months. The tipping point was the Company’s decision to serve the Union with a defective request for CCMA facilitation over retrenchments. Management failed and/or refused to comply with requirements of Section 189(3) of the Labour Relations Act despite a letter of the 22nd of June from the Union. They finally reluctantly submitted vague reasons on the 30th of June but still failed and/or refused to disclose detailed information on the Company’s financial performance despite claims of declining revenues as one of the reasons for retrenchment of 145 workers. This did not augur well with members and the Union as the Company has expanded its operations over the past few years coupled with outsourcing of some department with workers from some of these outsourced departments deployed to other areas that are now declared overstaffed.

 

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The Company was merely going through the motions during the CCMA-facilitation as they have a fixed intention to retrench 145 workers out of a head count of 643. They also argued that they cannot consider some options as they are not in financial distress which raises serious questions about the Company’s commitment to the developmental objectives of the country whilst the owners of the Company have been enjoying the benefits of doing business with the democratic Government. Our country faces massive developmental challenges including high levels of unemployment and retrenchment of 145 workers by a Company that is not pleading poverty will only worsen this huge challenge of unemployment. All social forces including business should be seen to be making a positive contribution towards addressing these massive developmental challenges.

 

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Management has simply rejected all reasonable proposals that have been tabled by the Union including the following:

 

a)   Appointment of an independent institution to investigate pressures and threats facing the Company and formulate a set of recommendations to address such pressures and threaths, for consideration by the parties in a joint consensus-seeking forum envisaged in Section 189(2) of the Labour Relations Act;

b)   Reduction of the use of overtime;

c)   An end to the use of Labour Brokers and reversal of decisions to outsource security department, waste management and gardening services;

d)   Application of natural attrition pending the outcome of the independent investigation envisaged in Union proposals. 

Rejection of these reasonable and fair proposals have convinced the Union that management has not approached the process with an open mind. It is as a result of these considerations that an overwhelming number of Union members have resolved to embark upon a protected strike in defense of their jobs. Management has indicated that they will be issuing notices of termination to workers on Friday the 4th of September 2015 whilst Union members will be staging lunch hour pickets from Thursday the 3rd of September. The actual date for commencement of the strike will be communicated on Friday the 4th of September, should management issue termination notices to the union’s members. 

The Union remains open to all genuine efforts aimed at finding a settlement despite its commitment to wage a relentless battle in defense of jobs. Management has however not demonstrated any commitment to genuine social dialogue.

 

Issued by SACCAWU

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