Trade union Solidarity yesterday said it is going to initiate two legal actions against the State IT Agency (SITA).
“Solidarity's legal documents are already being prepared and the trade union intends referring two matters to the Commission for Conciliation, Mediation and Arbitration (CCMA). The first matter is about the one-sided changes in several Solidarity members' conditions of employment, and the second is about the restructuring process. Moreover, Solidarity will not hesitate to obtain an interdict if SITA does not start negotiating with Solidarity about the restructuring,” says Solidarity spokesperson Marius Croucamp.
He explains that, early this year, numerous Solidarity members were notified in writing that their positions were “redundant” in SITA's new structure, and that they had to apply for new positions, advertised in January.
“However, Solidarity's repeated demands for the restructuring to be negotiated have fallen on deaf ears. The restructuring process is also attended by one-sided changes in employees' conditions of employment.
“SITA employees are now experiencing much uncertainty because of the employer's lack of openness. Many employees are now totally unmotivated, having been reappointed in lower job levels in the 'new structure', while others fear lay-offs, because they are still in the dark about their role in this structure. Some employees are unhappy after their conditions of employment have been changed unilaterally. These employees are tasked with delivering specialised services to essential government departments such as the Department of Defence, the treasury and the SAPS. It is just a matter of time before this service delivery is seriously hampered,” Croucamp adds.
For this reason, the trade union warned that services rendered by SITA to several vital government departments may be compromised “if the agency continues to alienate knowledgeable SITA employees through a rash restructuring process”.
It adds that, in doing so, SITA violates the Labour Relations Act.
“Meanwhile, SITA keeps on denying that it's considering lay-offs. Following several written demands by Solidarity, the agency persists in saying it will not negotiate with the trade union, because the latter has no collective representation there. But, meanwhile, Solidarity has learned that neither does SITA negotiate with other trade unions, which are in fact recognised. It seems SITA is trying to sweep everything related to the restructuring process under the carpet,” says Croucamp.
Last month, the trade union said a restructuring process is a common precursor to retrenchments and is often used by employers as a means to limit forced retrenchments.
However, SITA has denied it is retrenching employees, saying the restructuring process is part of its turnaround strategy.
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