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The National Union of Metalworkers of South Africa (NUMSA) condemns in the strongest terms the management of Arnold Motors in Klerksdorp in the North West for arbitrarily retrenching workers. The management of this used car dealership, retrenched nine employees, and did follow proper consultation processes as prescribed in section 189(3) of the Labour Relations Act. On the 9th of April 2020 when the entire country was still under Lockdown Alert Level 5 the management of Arnold Motors sent them a text message informing them that they had been retrenched. The SMS message went further, confirming that on the 30th of April their contracts will be terminated. There was no consultation and the entire process was in flagrant violation of the LRA.

As NUMSA we intervened and told management that they were violating the law. We demanded that they withdraw the notice, and eventually they did. They sent a follow-up SMS apologizing for the text message and withdrew the retrenchments. However, on the 1st of May when the company re-opened workers were again served with section 189 notices. They rushed the process and by the 14th of May they were retrenched and the entire process was done without any consultation, and they deliberately excluded the union from the entire process. The employer took advantage of the lockdown and relied on the unavailability of the CCMA to intervene and assist in these issues. After subverting the law in order, the same unscrupulous employer has the audacity to short change employees in the payment of the retrenchment packages. Those who were retrenched received only their basic package, which does not include accrued leave, or their bonuses.

Whilst the President of the Republic of South Africa stated that we are in this together and all are affected by the Coronavirus, it is still clear that the playing fields are not level. Employers have been given even more power to be as brutal as they want to be to workers, under the cover of the coronavirus. In this instance, the Covid-19 pandemic and subsequent lockdown regulations has brought to the fore the malicious, devious and diabolical face of White Afrikaner racism in South African Business, some of whom act with impunity and disregard and undermine workers’ rights even during this devastating time of the virus.

We view the managements arrogant conduct as detrimental to the spirit of a sound industrial relationship. We condemn in the strongest possible terms the dastardly conduct of this family business and call for an immediate reversal of the dismissals of our members pending proper consultations.

We have since lodged a dispute with Dispute Resolution Centre at the Motor Industries Bargaining Council (MIBCO) on this issue. We are expecting a date soon so that the DRC can hear this matter and deal with this errant, arrogant employer. After the process has been properly conciliated we also intend to pursue this matter all way to the Labour Court in order to ensure that these employees are re-instated.

Aluta continua!

The struggle continues!

Issued by The National Union of Metalworkers of South Africa