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Court dismisses CWU interdict

Staff Writer
By Staff Writer, ITWeb
Johannesburg, 31 Aug 2016
The Labour Court described the CWU's conduct as confrontational and obstructionist.
The Labour Court described the CWU's conduct as confrontational and obstructionist.

Telkom handled the restructuring process associated with the Communication Workers Union's (CWU's) current strike in a fair manner, the Labour Court found.

The CWU sought an interdict against Telkom to prevent it from completing the retrenchment phase of the company's restructuring of its corporate office.

The judgment states: "The overall objective of fair consultation has been achieved, despite the CWU's best efforts to scupper this. In the end, it is the conduct of CWU itself that stands in the way of it claiming procedural unfairness."

When the ruling was made, the court described the union as confrontational and obstructionist. The court also noted the CWU withheld key facts from its founding affidavit.

Telkom's group executive for communication, Jacqui O'Sullivan, says throughout the company's consultations with organised labour, it has sought to engage in a fair, transparent and meaningful manner.

"We negotiate in good faith and are pleased that [Tuesday's] judgment recognises that our adherence to and respect for due process, was not in vain," she notes.

According to Telkom, during the period of 8 March until 19 July, it had attempted to consult with the CWU on 15 different occasions.

"Telkom even sought to supplement consultations outside of the formal facilitated process to ensure all issues were addressed. Despite these many attempts, the judgment notes the union maintained an intransigent position, insisting that all processes be halted and wages be negotiated," the company states.

Meanwhile, CWU members continue to strike after four weeks. The CWU is demanding an 11% annual salary increase for its members, a three-year moratorium on retrenchments, a better gain sharing scheme for workers, six months' maternity leave, as well as a more transformed executive.

Last week, Telkom said talks between the company and the CWU failed to reach a resolution to the strike.

Telkom said it made several proposals to the union; however, the parties could not find each other.

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