Pikitup: Court rules against half day

On the 05 May 2013 PIKITUP, the City of Johannesburg's waste management entity, had approached and received from the Labour Court on an urgent basis an interim interdict that prevented SAMWU and its members from embarking on an illegal and unprotected industrial action, which was scheduled to take place on 6 May 2013.

On the return date for the final order and having heard arguments from both parties, the court found that the free transport and half day off on pay day was a practice that did not form part of the terms and conditions of employment as claimed by SAMWU. Furthermore, the court found that the discontinuation of these practice did not amount to unilateral change of the terms and conditions of employment.

Pikitup Head of Legal Adv. Lester L Peter, stated that, "the court having made a final order that the practice of free transport and half day off on pay day were not terms and condition of employment, SAMWU's reliance on section 64(4) of the Labour Relations Act and/or claim that its strike action on the two issues was protected by this section, is misplaced."

"We would like to think that this matter has been rested and SAMWU would work with Pikitup management to put the matter behind them, in order to focus energies on the way forward that would ensure Pikitup improves its operations efficiency and employees are allowed to embark on the journey to turn around the entity", said Peter.

Statement issued by PIKITUP SOC Limited, May 20 2013

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