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Transnet and its legal team today acknowledged that the company may not force employees to take leave over the upcoming Festive Season.

Steve Harris, General Secretary of the United National Transport Union (UNTU), says Transnet attorney Chris Todd, confirmed in writing that the company does not intend to breach the terms of its collective agreement with UNTU about the leave issue as it did last year.

This comes after the Labour Court in Johannesburg ruled on Wednesday that Transnet had breached the terms of the collective agreement when it forced employees to take leave over the Festive Season in 2015.

Nonkululeko Sishi, Transnet Group Executive: Human Resources, today in a statement to employees acknowledged that the Labour Court’s ruling was in UNTU’s favour.
Harris welcomed this announcement by the company to clarify the issue to its employees. He also confirmed UNTU’s commitment to Transnet to strengthen its hands as the majority union in Transnet to better the working conditions of all its members.

Sishi confirmed in her statement that Transnet was committed to working with its recognised unions in creating a conducive work environment that enables the company to deliver on its promise to customers.

Todd stated in a letter to UNTU’s attorney that Transnet requires employees to take leave as rostered, but said that employees that do not wish to take leave when rostered can object to it.

Harris said he believes the company will consider all objections in a fair manner bearing in mind that employees might have submitted leave with the understanding that they were compelled to do so due to the wrongful implementation of forced leave by Transnet last year.

“UNTU members must go back to their managers and say that they want to withdraw their leave. If the manager refuse, the member must submit a grievance,” Harris said.

Transnet was still considering whether the company intends to apply for leave to appeal against the benchmark judgement of Judge Christina Prinsloo. Harris said UNTU will contest any attempts to appeal even if it means that the Union needs to take the leave issue to the Constitutional Court.

Issued by UNTU