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Employers win court order to stop intimidation by strikers

14th July 2011

By: Mariaan Webb
Creamer Media Contract Publishing Editor

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The National Employer’s Association of South Africa (Neasa) and the Plastics Converters Association (PCA), on behalf of 20 employers, have won a temporary court order preventing striking workers from intimidating non-striking employees or causing damage to employer’s property.

The ruling prohibits strikers from being within 60 meters of an employer’s premises, including all corners, Neasa and PCA said in a joint statement on Thursday.

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Striking workers are also not allowed to congregate at applicants’ sites or plants and any employee breaking the 60-m line would be charged in accordance with disciplinary codes upon return to work.

Neasa and the PCA added that any damages caused to property would be included in claims against unions and this would include the State, if the police failed to take action.

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PCA CEO Johan Pieterse described the ruling as a “victory for the rights of employers”. “A line has been crossed here and we will not stand by idly as we watch our country slide into complete lawlessness.”

“The time has come for the entire police force to protect the citizens of South Africa and not to allow the protesting workers to commit criminal acts under the banner of a strike," he added.

Thousands of workers led by the National Union of Metalworkers of South Africa (Numsa) went on strike last week, demanding a 13% wage rise, which the Steel and Engineering Industries Federation of South Africa, an employer body, said was unaffordable. Employers have so far been offering a 7% increase. Engineering and metal workers are also demanding a ban on labour brokers.

But the week-and-a-half-long strike has been marred by reports of intimidation and violence against workers who have chosen to ignore the call to strike, despite Numsa calling on its members on Friday to “resist the temptation” to destroy public property or to intimidate non-striking workers.

Neasa said its hotline had been inundated with phone calls and photographs of incidents of violence.

"Enough is enough. We have stated repeatedly that we are supportive of workers right to strike, but we will never condone violence, intimidation and malicious damage caused to property or lives as part of this process," said Neasa CEO Gerhard Papenfus.

He added that damages amounting to millions of rands had been caused to properties and sites across South Africa.

On Wednesday, trade union Solidarity, which represents mainly skilled workers, said that it might join other workers in the metals and engineering strike, if employers did not make an improved wage offer at the dispute meeting planned for Friday.

Solidarity deputy general secretary Dirk Hermann said that the current high demand for scarce skills called for better wage increases for such workers. “There is currently a big skills shortage in South Africa in respect of skilled employees and artisans. If the demand for a product increases, its price goes up. The same principle should apply where the remuneration of employees with scarce skills is concerned,” said Hermann.
 

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