The National Education, Health and Allied Workers’ Union (NEHAWU) has threatened a court action against the Commission for Conciliation, Mediation and Arbitration (CCMA).
NEHAWU is accusing the commission of violating the rights of its employees and part-time workers to affiliate with the union of their choice and refusing to grant it an organisational right and recognizing it as a registered union at the institution.
The union alleges that the CCMA management has refused to recognise it despite having undergone all the relevant processes including verification of its membership.
NEHAWU’s spokesperson Lwazi Nkolonzi told YOU FM Newshour listeners that they have recruited a substantial number of CCMA workers, following Section 21 of the Labour Relations Act.
“We followed the law to recruit the workers who joined the union in numbers. But the CCMA said to us they’re not going to recognise us because they’re an independent organisation that is not affiliated and quoting something that is totally wrong from what they’re asking to our dismay. What we find strange is that management of CCMA has decided to grant organisational rights to a sweetheart staff association that is masquerading as a trade union and claiming to be representing the interests of the employees,” said Nkolonzi.
In addition, Nkolonzi said that they’re shocked that the institution is supposed to protect the rights of the workers, yet they’re denying them recognition agreement.
“The CCMA, as a custodian of the Labour Relations Act (LRA) is undermining the same LRA that it is supposed to protect and consciously depriving its employees the right to associate with an organisation of their choice. This is the same CCMA that daily forces other employers to comply with the LRA. They have tried to justify their reasons by stating that the CCMA is independent of the state, any political party, trade union, employer, employers’ organisation, federation of trade unions or federation of employers’ organisations, and on those bases, they’re not going to grant us any organisational rights,” explained Nkolonzi.
The union has also scolded CCMA for its conduct that it said goes against the values and ethos of the organisation which entail promoting social justice and fairness in the workplace by delivering ethical, qualitative, innovative and cost-effective dispute and resolution services, institution building services, education, training and development and efficient administration.
“A decision was taken at our national meeting held with representatives CCMA members last week, where we agreed that the union must do everything possible in its power to fight this intransigent management of CCMA.
“This by exploring all avenues available at its disposal both legally and organisational, including declaring a dispute immediately on the issue of recognition agreement,”.
“We demand to the management of CCMA to urgently relook at their attitude towards NEHAWU, as the union shall not fight for its recognition at this age and stage of our democracy particularly under an institution that we were instrumental in its formation and establishment as a transformative union,” demanded the spokesperson.
NEHAWU has vowed to defend the workers’ rights and to ensure that their constitutional rights are not violated by another custodian of the laws of workers.
“The union shall not fold its arms and watch this management distort and misinterpret the law and at worst tolerate the delaying tactics implored by the employer on the rights of workers as enshrined in the Constitution of the Republic of South Africa. We want to categorically say to CCMA management that they’ll undermine NEHAWU at your peril and you shall see the might of this red and militant national union,” warned Nkolonzi.
