NUMSA and SACCA prepare to take further legal action against BRPS at SAA
25 February 2020
The National Union of Metalworkers of South Africa (NUMSA) and the South African Cabin Crew Association (SACCA) have written a letter to the Business Rescue Practitioners (BRPs) at South African Airways (SAA) to enforce our members’ right to meaningful engagement during the Business Rescue Process in terms of the Companies Act. We believe that there are various aspects of the Companies Act which have been flouted by the BRPs in relation to the rights of workers during this process. In terms of section 144 (2) of the Act, employees at SAA are preferred unsecured creditors of SAA. That means they are affected persons and therefore they have certain rights. It is clear that our members’ rights have been violated in terms of this BRP process, and the purpose of the letter we sent them is to enforce workers’ rights.
The BRPs intend to publish a Business Rescue Plan by the 6th of March 2020. It is our view that the BRPs have no right to publish any Business Rescue plan until they have first:
A) disclosed all relevant documentation to allow workers to engage in meaningful consultation, pertaining to the business and affairs of SAA.
B) consulted with workers