Solidarity initiates alternative legal action against Aurora
Trade union calls on employees to join action
The trade union Solidarity has embarked on a process of preparing for an alternative legal action against Aurora Empowerment Systems, as the mine has still not made good on its promise to pay employees' outstanding salaries, union fees and other benefits. Solidarity initially planned to refer the matter to the Labour Court in January 2011, but has decided on the basis of legal advice to submit an application for the liquidation of Aurora to the High Court instead.
Solidarity calls on employees of Aurora's mines who would like to participate in a class action against the company to contact the trade union. "We want to initiate the legal action in early February. Therefore, employees have only until 31 January to provide us with the necessary information," explained Gideon du Plessis, Deputy General Secretary of Solidarity.
Hanno Bucksteg, specialist litigant of Solidarity's Labour Court Division, emphasised that employees must supply the trade union with the necessary information urgently, as new pleas have to be drawn up. Bucksteg pointed out that only employees who provide complete information before the cut-off date will be represented in the application.
The following information, together with supporting documents, must be provided to Solidarity:
- Full names and surname
- Copy of identity document
- Street address and postal address
- Contact details (including fax, home telephone and cellphone number as well as e-mail address)
- Contact details of next of kin
- Title of position held at Aurora
- Employee number
- Date of appointment and termination of service
- Pay slips/bank statements from January 2010 to December 2010
- Information regarding overtime (if applicable)
- Contract of service
- List of monies owed
Employees who would like to participate in the class action can ‒
- go to www.solidaritylegalservices.co.za and download the required form; or
- contact Michelle Saayman or Hanno Bucksteg at 012 644 4433; or
- send an e-mail to [email protected].
According to Du Plessis, the history of Aurora is one of hardship for its employees. The provisional liquidation of the former Pamodzi mines already started in April 2009. "The President Steyn mine in the Free State was sold, while the liquidators appointed Aurora Empowerment Systems to manage the Orkney and East Rand mines until ownership of these mines can be transferred to Aurora. Aurora has not managed to raise the necessary finance for the transaction. Employees at these mines have received irregular pay since February last year," he added.
Statement issued by Hanno Bucksteg, Specialist litigant: Solidarity's Labour Court Division, January 24 2011
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