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Trade union Solidarity this week will approach the Labour Court with an urgent application to obtain an interdict against the current retrenchment process at South African Airways (SAA) and SAA Technical (SAAT). Solidarity contends that in their current retrenchment processes SAA and SAAT are both not following the required procedures as stipulated in section 189A of the Labour Relations Act.

The application comes after SAA on 24 July unilaterally reached a collective agreement with the majoritarian trade unions at SAA, namely the National Transport Movement and UASA. Moreover, the agreement has been expanded to members at SAAT as well. In terms of this agreement, certain selection criteria and a timeframe within which the retrenchment process has to be finalised, have been determined. However, Solidarity and three other trade unions’ joint application under section 16 of the Labour Relations Act, which formally requests SAA to disclose the necessary information on the reasons for the retrenchment process, has not yet been finalised. The Commission for Conciliation, Mediation and Arbitration (CCMA) still has to decide on the matter.

“Solidarity and three other unions last week brought a joint application before the court in order to compel the company to follow the required procedures during its retrenchment processes in future. We believe SAA and SAAT have not created sufficient opportunity for constructive consultation with trade unions on the retrenchment process,” Johan Botha, head of the Professional Industry at Solidarity, said.

In the application Solidarity requests that SAA and SAAT not proceed with the implementation of the provisions of the collective agreement. Solidarity also requests that the section 16 process be finalised, and that trade unions be given opportunity to consult with the employer about the retrenchments until at least 22 August 2015.

Botha explained that disclosure of information forms an essential part of consultations concerning retrenchment processes. “We believe that under labour legislation the rationale for retrenchments must first be properly considered before selection criteria and voluntary severance package can be discussed as such. Therefore, we want to ask the court to postpone the retrenchment process to enable us to consult as it should with the employer about the rationale for the process,” Botha said.

The court application is expected to be heard in the Labour Court in Johannesburg on Thursday. A total of 730 employees are affected by the concurrent processes at SAA and SAAT that are being dealt with as one process.

Issued by Solidarity