SECTION 77 NOTICES

Applicant

Date filed

Respondent

Reason

Status

SACTWU

11 May 2004

Retailers and their capital providers in the clothing, textile, footwear and leather industry

Job losses in the industry due to the sourcing decisions of retailers.

• A six-month Declaration Local Procurement between the union and the retailers, as well as between the union and the capital providers.

SAMWU

13 September 2004

City of Cape Town

Negative impact on the rights of municipal workers as a result of the City’s restructuring and privatisation programme.

• Matter has been considered by Nedlac Standing Committee in accordance with the Act.

COSATU (WC)

21 October 2004

Retail Employers of Clothing, textile, footwear and leather merchandise & Capital Providers

Job Losses and factory closures in the clothing, textile, footwear and leather industry.

• Matter has been considered by the Nedlac Standing Committee in accordance with the provisions of the Act. Given the complexity of issues raised in the application, Manco commissioned an experienced Mediator to facilitate the engagements.
• A Framework Agreement was reached in December 2004 which provided a two-staged process to address the issues
• After several meetings which were also facilitated by a renowned mediator in South Africa, parties reached agreement on some but not all the issues
• The concept of there is no agreement until everything or all what is considered fundamental by the Parties deadlocked the negotiations
• As a consequence thereof the applicant served Nedlac with s77 (1) (d) Notice indicating its intention to proceed with protest action.
• The first s77 (1) (d) Notice was further amended in August 2005, May 2006
• The Nedlac Management Committee is in monitoring the developments around this matter

FAWU

4 October 2004

SA Breweries

SAB’s appeal of the court’s decision to reinstate and remunerate dismissed workers will have negative impact on income levels of workers.

• declined on the basis that the application was not administratively compliant.

NUM

27 October 2004

Master Builders Association (WC)

Capital providers

Government

BIBC

SAFCEC

Society of Quantity Surveyors

Lack of progress in  transformation of the construction industry.

• Declined on the basis that sector charter was being initiated which will address the key issues raised in the application.

FAWU

29 March 2005

Department of Environmental Affairs and Tourism

Inadequate consultation on draft policy on fishing permits.

Draft policy a threat to socio economic rights of workers and communities.

• Parties deadlocked

SATAWU

1 April 2005

Government, BUSA, Cleaning and Security Industry Associations, DoL, DPE, DPLG, DoE, Transnet, Telkom, Eskom, SAA & Spoornet.

Job losses in the Cleaning and Security industries;

Lack of best practice and sustainability in the awarding of Tenders;

BEE fronting in the sector; and

Absence of an agreed sector strategy to position and grow the sector.

• The Notice was examined by the Nedlac Sction 77 Standing Committee and was deemed to be compliant with the Act. The consideration of the issues is in progress.
• The Standing Committee has set up two (2) sectoral specific 6-A-Side Committees to address the issues in:
  • Cleaning; and
  • Security

SAEWA

6 April 2005

Department of Labour

Late promulgation of wage increases in the electrical contracting industry.

• The application was examined by the Nedlac Section 77 Standing Committee and found not compliant with the requirements of the Act hence declined.
• The main reason for non compliance was that the issues raised as reasons for embarking on a protest action were issues that fell outside of the Nedlac Section 77 Standing Committee scope.
• The applicant was advised of the alternative options that were available to pursue the matter.

MTWU

16 November 2006

FEDILITY, SBV, COIN, Minister of Safety, Defence, Labour, Finance, Employers in Cash in Transit Sector

Safety and Security hazard for employees and citizens of SA due to unsafe conditions in the transporting of cash.

• The Matter is being considered by the Nedlac Section 77 Standing Committee in terms of the Act.