Judgement has been reserved in the Labour Court in Johannesburg today in Transnet Soc Limited application to review and set aside an arbitration afford so that Transnet can force some of its employees to take compulsory leave in December 2016.

The company approached the court after an ruled in favour of the United National Transport Union (UNTU). UNTU approached the court with an urgent application to interdict Transnet from enforcing leave pending the outcome of the review application.

Adv.Timothy Bruinders SC argued on behalf of UNTU that Transnet does not have the right to make unilateral changes to its leave policy. Transnet never had a policy of forcing its employees to take compulsory leave.

Steve Harris, General Secretary of UNTU, says Transnet would not have forced some of its employees to take leave if the companies financial situation did not deteriorate. “If Transnet had orders, they would have forced its employees to work over the Festive Season. It will have a very negative impact on our members if they are forced to take leave in December on such short notice,” says Harris.

Adv. Franklin Alistair SC on behalf of Transnet disagreed. According to him the Award granted in favour of UNTU by Adv. Ngwako Maenetje SC, was wrong in law. He argued that Transnet’s operational requirements requires the company to enforce the leave issue.

Judge Christina Prinsloo is expected to deliver judgement on both applications next week.

Issued by UNTU