MTN has been ordered to reinstate workers it sacked just over two years ago, following a dispute over union membership.
The Communication Workers' Union (CWU) says MTN has been ordered by the Commission for Conciliation, Mediation and Arbitration (CCMA) to reinstate the nine workers it dismissed in September 2010, after the company claimed they "lied about being union members".
This follows a final CCMA sitting last month that saw the commissioner order MTN to reinstate the nine former employees - two of which declined - with financial compensation.
According to head of the CWU's legal department, Booysen Mashego, the commissioner opted for retrospective reinstatement with 12 months of financial compensation - as opposed to full compensation from date of dismissal - citing dictates of labour law. "I believe the commissioner got it wrong though. They should be compensated from the date of dismissal, because it was not their fault that they got dismissed - it was the employer's fault."
The seven employees who have agreed to take up their positions with MTN again have until 1 November to report for duty. "This gives the employees time to wrap up any casual work they may have been carrying out in the meantime."
Dismissal dynamics
MTN aroused indignation from the CWU in 2010 when it dismissed nine employees following a 2009 decision by the company to retrench a portion of its permanent workforce and curb the number of temporary workers it employed. The process, says Mashego, was originally to involve about 500 employees.
The CWU consequently approached the Labour Court on behalf of some of those selected for retrenchment, leading to an urgent interdict and, finally, an out-of-court settlement that gave the union an opportunity to engage with MTN on the process.
At the time, MTN's HR director, Themba Nyathi, said the nine employees in question misrepresented themselves and lied about being union members. "They are not union members and were not union members at that time either."
However, the CWU countered MTN's claim, saying it had submitted written proof to the operator that the workers were in fact union members, but that MTN had failed to process the membership forms timeously.
Mashego says the two-year process included numerous CCMA sittings and, while it has been resolved to the satisfaction of the spurned workers, he would follow up on the case in a bid to win full compensation.
Nyathi says MTN has acknowledged the ruling from the CCMA, but says the company is yet to advise the parties of its decision going forward. "[MTN] is currently studying the contents of the 21-page document. Once a decision has been made regarding our position on the matter, MTN will advise the parties of its decision going forward."
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