MTN said the Commission for Conciliation, Mediation and Arbitration (CCMA) could not be included because none of the consulting parties, including trade unions, represented the majority of the employees impacted by the contemplated restructuring.
The company has no recognised trade unions as membership is too low.
“This means both parties are incapable of invoking the provisions of Section 189 (3)(b),” said Themba Nyathi, chief human resources officer for MTN SA.
Workers union Solidarity had called for the involvement of the CCMA following MTN’s announcement that it would implement a restructuring process that would affect up to 847 managers.
Nyathi said the company had extended its consultation on its planned restructuring to November this year following engagements with staff and trade unions.
“MTN has further agreed to four consultations sessions as per unions’ request,” said Nyathi.
“One of these suggestions was to have up to four consultation sessions for employees, which MTN has agreed to as part of ensuring that the process is both fair and thorough.”
MTN said that despite the absence of a facilitator, it was committed to engaging in a consensus-seeking consultation process.