South African Local Government Bargaining Council rules in favour of Tshwane metro
The SALGBC ruled that Tshwane was correct in dismissing 513 Labour Broker’s workers.
The South African Local Government Bargaining Council (SALGBC) has ruled in favour of the City of Tshwane in a case between the City and its temporary worker hired through a labour broker in 2019.
The City of Tshwane hired 513 workers to assist with waste management on a fixed 12-month contract from November 2019 until 31 October 2020.
City of Tshwane spokesperson Lindela Mashigo described the ruling as of enormous importance in a matter in which the so-called ‘Capacity Workers’ were hell-bent on being absorbed permanently as employees of the metropolitan municipality.
“When the City insisted that they could not be absorbed into the organisational structure as their contracts had expired, they took the matter to the SALGBC on the grounds of unfair dismissal.
“On 28 February 2022, the Bargaining Council granted them an award that they are permanently employed,” explained Mashigo.
Initially, the council had ruled in favor of the worker. However, the metro initiated a process that sought to review the Bargaining Council’s ruling to reinstate the Capacity Workers permanently at the South African Local Government Bargaining Council, as it believed that the reassessment of the matter would yield a favorable outcome.
“On 13 December 2023, the presiding commissioner in the hearing, in summation, made an award to the effect that the applicants did not prove that they were to be deemed as permanent employees and the dispute is subsequently dismissed,” added Mashigo.
He continued to say the municipality was thrilled that the matter was fully ventilated and that it was heard through the arbitration process.
Mashigo said the municipality welcomed this significant outcome.
The metro’s win comes barely a month after the municipality had successfully negotiated the return of its employees who had embarked on a prolonged municipal strike.
Workers affiliated with the South African Municipal Workers Union (Samwu) downed tools in July over wages, which left the City’s services crippled and chaotic.
This disrupted services such as waste collection, repairs of water leaks and power outages, putting the brakes on Tshwane bus services, and also affected clinics.
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