04 March 2016
The liberated metal workers union of South Africa (LIMUSA) has decided to referrer the unfair dismissal case of its President, comrade Siboniso Mdletshe to the Labour court after a ruling by the Metal and Engineering Industries Bargaining Council (MEIBC). A commissioner of the MEIBC ruled that his case was an automatically unfair dismissal and accordingly fell out of the jurisdiction of the bargaining council, but that of the Labour court.
This ruling by the MEIBC comes after the matter was referred to the bargaining council following his unfair dismissal by his employer, ABB. At the time of his dismissal the company alleged that he committed gross misconduct by submitting union membership forms to ABB instead of submitting them to a supplier company and further alleged that he encouraged workers from these supplier companies to join LIMUSA and therefore could not be trusted by the company (ABB).
At the conciliation phase, the company proposed a monetary settlement which we saw an admission of guilt on the part of the employer. When their efforts to have LIMUSA accept their proposed settlement were rejected and the matter was referred for arbitration, ABB persuaded LIMUSA to engage on the side lines; this too was rejected! At the time we believed that the proposal for monetary settlement was nothing but an attempt to keep LIMUSA, through its President, out of ABB.
On several occasions ABB has proven to be devious and corrupt in its charging and untimely dismissing of our President. The whole disciplinary process was a sham and if the company headquarters in Zurich, Germany were serious about maintaining whatever is left of its reputation when it comes to the treatment of workers it would, without hesitation, reinstate our President before it suffers yet another thrashing defeat at the Labour court.
As we march towards the Labour court to defend the right of workers to belong to the union of their choice, let it be known by all and sundry that LIMUSA is prepared to fight to the bitter end. Let it be known by even the cruellest employer that we are not afraid and we shall not be shaken. LIMUSA President’s rights are not for sale. No amount of monetary offers will deter LIMUSA from taking this case to the highest court in the land
Our message to ABB is straightforward:
Reinstate our President now!
End labour brokering now!
Issued by Secretariat
For queries contact:
Cedric Sabelo Gina
0833 647 977 / 0844 245 026