The Communication Workers Union (CWU) will appear in court next Friday to argue why the Department of Labour's bid to have it deregistered as a union should be suspended.
Counsel for the two parties yesterday agreed that the department would be given more time to prepare an argument to oppose the union's bid to have the cancellation suspended, but the notice of deregistration will not be published in today's Government Gazette, says secretary-general Gallant Roberts.
The union, which says it represents 18 000 ICT workers, or about a quarter of staff in the sector, had its status as a union cancelled by the department towards the end of last month as it allegedly failed to submit audited financial statements.
Roberts says the union's bid to have the cancellation suspended will be heard next week Friday, and in October the parties will convene to argue whether the department's cancellation of its status should be overturned. “The fight continues.”
CWU will engage with employers in the sector in a bid to be allowed to continue representing its members, says Roberts. The withdrawal of its legal status means it cannot officially act on behalf of its members.
Warning bell
The union says the amendment will result in trade unions that appeal against deregistration to suspend their activities for the duration of the process, which will have a destructive effect on unions and their members.
Johan Kruger, head of the Solidarity Research Institute, says current legislation leaves open the possibility for trade unions that appeal deregistration to still represent their members at the Commission for Conciliation, Mediation and Arbitration and during wage negotiations.
“The proposed amendment of section 111 has the potential to devastate a trade union, even if its appeal against deregistration eventually succeeds. A trade union that is mistakenly deregistered will lose its bargaining power, leaving thousands of workers without protection in the workplace.”
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