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Labour Court dismisses court case against Unisa brought by its five former employees


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Labour Court dismisses court case against Unisa brought by its five former employees

Labour Court dismisses court case against Unisa brought by its five former employees

29th May 2022

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Labour Court on Thursday, 26 May 2022, dismissed an application brought against the University of South Africa (Unisa) by five former employees who were NEHAWU shop stewards at the time of the termination of their employment contracts. The Labour Court found that the applicants failed to establish the court’s jurisdiction.  The application was therefore dismissed with no order to costs. 

Whilst noting and respecting this outcome, Unisa Management wishes to reaffirm its stance that it is not against NEHAWU or any labour union operating within the university. The Management is on record as having protected the rights of labour to organise, protest and agitate for the rights and issues affecting workers. NEHAWU in particular, has been peacefully picketing since 3 November 2021 and the university has not even once interfered with the pickets. However, when the industrial action took a violent turn and violated laws and applicable policies, the university Management took steps to protect life and property in line with legal obligations.

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Once more, the Management reiterates that disruptions of academic programmes are anti-education and undermine the development agenda of South Africa and Africa. All industrial actions must be within the parameters of the law, and so should their resolution to which Management is committed. To this end, the Management met with the National Office Bearers of NEHAWU on Tuesday, 24 May 2022 in a bid to find an amicable solution. The parties agreed to meet next week again. 

Management also wishes to reiterate that it has met the salary adjustment demand by NEHAWU on 19 April 2022 as officially approved by the governance structures of the university. As far as the Management is concerned, there is no salary increase dispute yet. To this end, the university is returning to the CCMA to clarify and set the record straight. The new round of negotiations has not yet reached a deadlock stage. The non-existent dispute must not be used to perpetuate violence and instability in the university. 

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Unisa is an important public institution in the imagination and lives of the people of Africa. The Management hopes that NEHAWU will reconsider its violent and disruptive stance. Meanwhile, the university has put measures in place to ensure business continuity and the protection of the academic programme. All workers are encouraged to continue with their important work of serving the public. 

Management notes and welcomes the statement of affirmation from the Senate university as issued on Friday, 27 May 2022. 

 

Issued by Unisa Media Affairs

 

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