Still no end to Dis-Chem and Nupsaw’s dispute

The national organiser for the National Union of Public Service and Allied Workers (Nupsaw) Solly Malema has accused the police of colluding with Dis-Chem to intimidate and attack striking employees.

This after 15 Midrand workers were arrested and others injured after police fired rubber bullets at the strikers outside Mall of Africa and on the corner of Le Roux Avenue and the K101 on 16 November.

“This was a planned thing,” alleged Malema in reference to his claims of collusion between the police and Dis-Chem.

“They [police] accused our members of being violent and not following picketing rules, which was not true. We are intensifying the strike and extending to other provinces until the employer meets with us at the table.”

Dis-Chem spokesperson, Caryn Barker, said there was no truth to the allegations that Dis-Chem was colluding with the police.

“Employees will not face disciplinary action for striking,” she said.

“They have a right to strike. However, everyone is expected to do so in a responsible and lawful manner.”

The arrested employees were released on 19 November and the case was not placed on the court roll due to an ongoing investigation.

Midrand Police Station spokesperson, Sergeant Matome Tlamela, also rubbished claims that the police were colluding with Dis-Chem to intimidate employees. She said the striking employees had blocked the K101 and threw stones at moving vehicles.

“The employees were warned to stop with the violent behaviour and clear the road which they refused to do and, therefore, police fired rubber bullets to disperse them.”

An employee was allegedly shot in the leg. Tlamela said the employees then proceeded to the Mall of Africa where they caused disruptions and damaged one vehicle. Again, police fired rubber bullets and a man was allegedly shot in his left hand and a woman was apparently shot in her buttocks, lower back and left thigh.

“Cases of public violence were opened. It is not true that the police were colluding with the employer. The police’s duty is to protect and bring law and order to the community.”

The general manager of Mall of Africa, Johann Fourie confirmed that an unsanctioned protest had taken place at the mall.

“The picket was in relation to a nationwide strike undertaken by the National Union of Public Service and Allied Workers against drug retailer Dis-Chem,” he said.

“The protesters were later escorted off the premises by the police and trading resumed as normal. Visitors to the mall will note that increased security and access control has been applied as a precautionary measure. The safety of customers and tenants remains our number one priority.”

Employees working at the Dis-Chem distribution centre, Mall of Africa, Sandton, Gandhi Square in Johannesburg, Western Cape, Free State, Mpumalanga and the Eastern Cape downed their tools and embarked on the strike. Malema said there was a total shutdown at the company’s warehouses in the Western Cape and Delmas in Mpumalanga.

“The strike will be extending to KwaZulu-Natal where Dis-Chem employees are also expected to join the industrial action,” added Malema.

The union is calling for a minimum wage of R12 500 and an annual increase of 12,5 per cent for all employees earning above that amount. Furthermore, the union is demanding annual bonuses which equal the salaries earned.

Dis-Chem beefs up security and calls union’s demands unreasonable

Barker said to ensure shopper safety, additional security was put in place at the shopping centres where Dis-Chem has stores, and calm had been restored.

“We apologise to our customers and fellow traders for the inconvenience they experienced. No incidents have been reported in the rest of the country. The majority of Dis-Chem employees have no appetite for industrial action. Unfortunately, some have had to stay away from work due to intimidation.”

Barker added that Dis-Chem had made it clear that the wage demands were unreasonable given the current economic climate. “Agreeing to them would severely impact the company’s future operations. The majority of striking employees are from Dis-Chem’s distribution centres.”

Dis-chem indicated that it was not planning on meeting with the union anytime soon. Barker claimed at the beginning of the strike, less than 14 per cent of Dis-Chem employees were registered as Nupsaw members.

“Dis-Chem stands firm in its policy that it will not negotiate with the union unless it has at least 30 per cent representation among employees. Although Nupsaw declared a national strike on Friday [16 November], approximately 300 workers from Dis-Chem’s Midrand distribution centre were demonstrating on the day.

“The Mall of Africa in Midrand and Canal Walk in Cape Town, where Dis-Chem stores are located, experienced disruptions for about two hours. A small roving group comprising mostly non-Dis-Chem employees picketed at a handful of stores in Cape Town for a short period. There were also minor protests at Sandton City.”

Disputes drag on for a year, unresolved

The dispute between Nupsaw and Dis-Chem began in January this year after employees at the Midrand distribution centre went on strike. The union was demanding that the company recognises it as a representative of its workers.

The Midrand Reporter reported on the matter in which Malema questioned the company’s apparent refusal to recognise Nupsaw.

“[Currently] the only union which is recognised by the company and enjoying organisational rights at Dis-Chem is the South Africa Commercial, Catering and Allied Workers Union,” Malema was quoted as saying.

“We are not sure why one union is accepted yet we are refused the rights to operate by the company. We are not here to serve the employer, we are here to ensure that workers are not exploited the way they are now, including not being paid bonuses and not allowed to join the union of their choice.”

Malema has disclosed that the union had written a letter to Dis-Chem on 19 November to propose a meeting to discuss wages. “We are waiting for their response. But we will not stop with the strike until they succumb to our proposal.”