In the disciplinary hearing of the employees of the Lekwa Municipality who participated in the strike during the lockdown, only five employees in the fire section were found not guilty on two charges.
One employee and 194 other employees were found guilty.
The hearing was held under the auspices of Section 18 of the Disciplinary Procedures Collective Agreement and the Standerton Advertiser is in possession of a copy of the document.
The employees were charged with unauthorised absence from work without permission on account of participation in an illegal (unprotected) strike action in that clause 18 of the agreement was contravened.
Another alternative charge was unauthorised absence from work without permission, contravening the provisions of the code and agreement (clause 1.2.1 and 1.2.7) by failing to report for work as required until the date of issue of these charges.
Mr Selby Ratshiedana, an official from the South African Local Government Association (Salga), represented the municipality, while the employees were represented by the South African Municipal Workers Union (Samwu) or in person by relevant representations submitted.
Lekwa-employees began striking according to the document, from or about 3 August, failing or refusing to return to work after being advised to do so.
This culminated in a contravention of clause 18 (sub-clause 18.2.4) of the Disciplinary Code and Procedures Collective Agreement.
The presiding officer, Ms Lyzette Botha, surveyed the evidence and arguments provided with the charge sheet, as well as a founding affidavit of the municipal manager, Ms Gugulethu Mhlongo-Ntshangase, with annexures, transcription of an urgent court application, e-mail submissions from the employer representative and representations of five employees.
A dispute as to the date when employees returned to work, is covered.
Ms Botha stated that the ruling was based on the information provided and referred to the court transcript where the union representative claimed that employees returned to work from around 11 August.
The employer however, disputed this, saying that some employees only returned as from 8 September. In one of the employee’s submitted representation, the date was given as 2 September.
It also said it is clear that an ultimatum was given to the employees through the union representatives to return to work by 8am on 5 August.
According to the document, Samwu did not submit any written submission in this regard.
As regards the issue of essential services workers, the document referred to the Essential Services Committee and Government Gazette, Section 213 of the Labour Relations Act and the Constitution of South Africa. According to the document, letters of a threatening nature were also submitted to the municipality from members of the community.
The parties were given 10 days to submit mitigating and aggravating circumstances and the presiding officer signed it in eMkhondo, on 21 September.
The Standerton Advertiser sent a WhatsApp-message to Ms Thobeka Mtshiselwa, communications manager of the municipality, on Thursday, 15 October, requesting official comment on whether the parties submitted any such documents.
Ms Mtshiselwa replied the same day that the parties have submitted mitigation and aggravation circumstances and the verdict is awaited.
