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The trade union Solidarity struck a knockout blow against the Tshwane Metro Council after the South African Local Government Bargaining Council (SALGBC) found the metro guilty of unfair labour practice and ordered the metro to redeploy Werner Meerholz in his post and compensate him retroactively. Meerholz, a member of Solidarity, was suspended in 2006 and has since only been paid his basic salary for, among other things, ‘reading the newspaper’ pending a disciplinary hearing that never took place.

Earlier this month the SALGBC ordered that Meerholz be redeployed as an inspector at the Tshwane Metro Police and that his official work equipment be returned to him. The metro was also ordered to compensate Meerholz with the difference between his annual salary and the increases that came into effect since 2006 as well as bonuses, if applicable.

According to Johan Kruger, spokesperson of Solidarity, Meerholz was suspended in September 2006 after the Tshwane Metro Council laid a charge of misconduct against him. “Meerholz has worked for the Tshwane Metro Council since 1990. His official work equipment was taken away from him pending the result of his disciplinary hearing. This hearing never took place. In May 2008 Meerholz’s suspension was lifted. However, he was not reinstated in his previous position nor was his official work equipment returned to him.”

Kruger said that Meerholz was then transferred between different units including the horse, road policing and administrative sections. From September 2010 to June 2011 Meerholz worked in the section responsible for traffic meters. He was transferred back to the administrative section because, according to the metro, he could not work with money since he was not allowed to carry a firearm. The South African Police Service had earlier confiscated Meerholz’s firearm and had sent it for ballistics tests. The firearm was returned to him without any charges being laid against him. Later his firearm was again confiscated and never returned to him.

“However, Meerholz had nothing to do in the administrative section and read the newspaper the whole day long. He could not apply for another post since the disciplinary hearing had still not taken place. This hearing has still not been held despite tremendous pressure to conclude or alternatively dismiss the member’s hearing.”

Meerholz approached Solidarity for help in 2006, but the employer refused to let the trade union represent him since Solidarity is not the majority trade union. In the end Solidarity appointed independent lawyers to represent the member; they referred the case to the SALGBC on Solidarity’s behalf.