Sometimes you do not get the outcome you deserve but that does not mean that the battle was not worth it. This is according to the trade union Solidarity after a court case battle that the union had conducted for 17 years on behalf of 34 licenced nuclear power operators at the Koeberg power station.

The case began in 1998 when a formal agreement was reached between Solidarity and Eskom in terms of which nuclear power operators, due to the dangerous nature of their work, and in line with generally accepted international practices, could take early retirement. In addition, Eskom would have continued its contributions to the employees’ pension in order to prevent penalties due to early retirement. It would have been calculated according to a set formula based on years of service.

Deon Reyneke, head of Solidarity’s Energy Industry, explained that a strike loomed among a group of employees who also wanted to benefit from this agreement, but did not qualify for it. “Suddenly, Eskom argued that the Power Plant Manager did not have the authority or mandate for this agreement and that it was invalid. Solidarity’s information is that the decision to withdraw the agreement came directly from the then CEO in an attempt to prevent the impending strike.

Solidarity declared a dispute and it was referred to the Labour Court. After a lengthy back-and-forth legal process, this case was eventually heard in 2010 and 2011. The court agreed with Solidarity and ordered Eskom to honour the agreement. Eskom went to the Labour Appeal Court and in 2013, this court ruled in Eskom’s favour. Solidarity then submitted an application to the Constitutional Court for permission to appeal against the ruling of the Labour Appeal Court. In May this year, the Constitutional Court denied this application.

“Solidarity is disappointed by the verdict. We still believe that in 1998, the Power Plant Manager acted well within his mandate and that the agreement was therefore valid. It is sad that Eskom’s most loyal and oldest employees have been treated this way for 17 years. We have resigned ourselves to this ruling, but if the opportunity should present itself again, we would again fight for 17 years for these members. They deserved a positive outcome.”

Issued by Solidarity