Eskom released a press statement on 15 August and declared a dispute with the trade unions, National Union of Mineworkers (Num), National Union of Metal Workers of South Africa (Numsa) and Solidarity over a precondition that Num and Numsa introduced as part of the wage negotiations.
Through the auspices of the Commission for Conciliation, Mediation and Arbitration (CCMA) (Section 150) the three recognised unions agreed in principle last week to Eskom’s three-year wage proposal and conditions of employment.
It entailed a salary adjustment of 7.5% in 2018/19, 7% in 2019/20 and 7% in 2020/21, an annual cost of living (CPI) adjustment to their housing allowance, as well as a once-off cash payment of R10 000.
The precondition wast Eskom should not discipline employees who took part in the July and August unprotected strike, to which Eskom did not agree.
According to the power utility, Num and Numsa defied the Labour Relations Act and its essential service provisions and embarked on an unlawful and unprotected strike in June.
Eskom said this strike action included various acts of criminality, such as alleged acts of sabotage and destruction of property.
The industrial action led to the power system being constrained and rotational load shedding for three days, negatively impacting the economy.
The Minister of Public Enterprises, Mr Pravin Gordhan, intervened and convened a meeting where all parties reached an understanding that the unions would end all unlawful industrial action and the company would not discipline employees who engaged in the June industrial action.
Negotiations resumed at the Eskom Central Bargaining Forum, but no agreement was reached and at the end of July, all parties began with the section 150 mediation process.
Some employees embarked on further unprotected industrial action from July until 3 August despite a court interdict and company communication to staff reminding employees that Eskom is an essential service.
These events again led to power system constraints and load shedding.
The CCMA closed the section 150 process as the parties deadlocked during talks.
Num and Numsa demanded that irrespective of the outcome of the disciplinary process, no member should be dismissed.
“Eskom reserves its right to follow the disciplinary process in line with the company’s Disciplinary Code and Procedure,” Eskom Group Executive for Human Resources, Ms Elsie Pule, said.
