SACCAWU statement on the Constitutional Court order in the matter arising from Woolworths retrenchments
7 November 2018
The South African Commercial, Catering and Allied Workers Union (SACCAWU) welcomes the order handed down by the Apex Court, the Constitutional Court, in the matter arising from 2012 retrenchments by Woolworths.
Back then, Woolworths had sought to change the type of employment of full-time workers in order to satisfy its agenda to have all workers on a flexible hours arrangement. In their rush to do so, they ignored all the fundamental requirements of Law, as well as SACCAWU’s input in a consensus-seeking effort aimed at exploring a mutually acceptable conclusion to what the company claimed to be its operational challenge and went on to unilaterally retrench 92 employees who did not accept the imposition of new terms and conditions of employment including the following:
a. A drastic reduction in their hourly rate;
b. Unilateral imposition of a seven day rolling week;
c. Downward variation of other terms and conditions of employment.
The process facilitated by the CCMA, also did not yield a positive result as the parties could not reach a settlement, with the Company resorting to retrench 92 employees in November 2012, notwithstanding the lack of agreement or consensus. The Union challenged both the procedural and substantive fairness of the dismissals through the Labour Court, the Judgment of which was delivered on the 5th of March 2016 was in favour of the Union. The employer challenged the Judgment through the Labour Appeal Court and its Order which was delivered on the 19th of September 2017, upheld in part and dismissed in part such Appeal.
The Union felt that Justice had not been done by the Labour Appeal Court and challenged its order through the Apex Court, which is the Constitutional Court. The Constitutional Court Judgment was delivered today and is in favour of the Union, thus vindicating our stance that justice had not been served by the Labour Appeal Court.
The Judgment is a positive intervention and a solid boost to the struggles against atypical forms of employment whilst protecting job security. It reinforces the our commitment to struggle for quality jobs. The judgement also is a bold statement that employers cannot continue to run riot on jobs and condemn people to the ever-increasing reservoir of joblessness, disguised as a necessary process of restructuring when in fact it is just a ruthless ploy to sacrifice jobs in order to maximise profits.
The Union would like to thank and salute members within Woolworths who were resolute and persevered for six years in their pursuance of justice and to ensure that Justice is done. We also thank Union structures and structures of the our giant Federation COSATU who stood behind the Union throughout this period. This is an important struggle against extreme forms of labour market flexibility and the autocratic style of management.
Issued by SACCAWU Secretariat, 7 November 2018
