SECTION 77 NOTICES
Section 77 of the Labour Relations Act allows registered trade
unions or federations of trade unions to undertake protest action
to promote or defend the socio-economic interests of workers.
Before embarking on protest action, the Act requires the trade
union concerned to serve notice on Nedlac stating the reasons for
the protest action and the intended nature of the protest action.
The Nedlac parties then meet with the trade union and other
interested parties in an attempt to resolve the dispute. Should
Nedlac be unable to resolve the dispute, workers are entitled to
participate in protected protest action.
Section 77 notices dealt with in the year under review:
EU NEGOTIATIONS AND QUOTA APPLICATIONS AND ALLOCATIONS
| APPLICANT: |
FAWU (FOOD AND ALLIED WORKERS UNION) |
| RESPONDENT: |
GOVERNMENT (DEAT AND DTI) |
| DATE NOTICE
TABLED: |
24 AUGUST 2000 |
| ISSUES: |
Fawu was concerned that DTI and the Coastal and
Marine Management were entering into a fisheries agreement with the
EU in September 2000 without consulting stakeholders (Fawu). It
argued that there could be serious implications such as job losses.
Fawu further expressed concern at the lack of transformation within
the Coastal and Marine Management. Fawu proposed that a sectoral
Jobs Summit should be held to involve the entire fishing
industry. |
| OUTCOME: |
EU Negotiations: Government said
that although DTI was responsible for overall co-ordination of the
EU trade negotiations, there was a lack of communication and
understanding between itself and Fawu and committed itself to be
more transparent and accessible in future dealings with the Union
in order to avoid misunderstandings.
Quota applications and allocations
: Coastal and Marine Management said that in its
discussions with the EU it had been mandated by Cabinet to discuss
training, monitoring, and research. It was not mandated to discuss
fishing rights. It said that it supported Fawu's proposal of
convening a sectoral Jobs Summit in the fishing industry. |
THE VIOLENCE EXPERIENCED IN THE PUBLIC TRANSPORT INDUSTRY IN THE
WESTERN CAPE
| APPLICANT: |
COSATU WESTERN CAPE |
| RESPONDENTS: |
WESTERN CAPE GOVERNMENT, NATIONAL DEPARTMENT OF
TRANSPORT |
| DATE NOTICE
TABLED: |
14 JUNE 2000 |
| ISSUES: |
Cosatu argued that the "war" between the bus and
taxi industries was having a negative impact on workers. It
contended that it was within the Western Cape Government's power to
halt the violence. |
| OUTCOME: |
After a number of meetings, the parties agreed that
a high level of agreement between Cosatu and the Western Cape
Government as to the nature of the problems in the transport
industry and the solutions needed to address these. |
THE PROPOSED INTERNAL RESTRUCTURING OF INGWE COALCORPORATION
| APPLICANT: |
NUM |
| RESPONDENT: |
INGWE COAL CORPORATION |
| DATE NOTICE
TABLED: |
25 OCTOBER 2000 |
| ISSUES: |
The proposed restructuring of Ingwe coal Corp and
the possible retrenchment of employees. |
| OUTCOME: |
The standing committee mandated the Executive
Director to meet the Union to seek clarity on the issues raised. It
appeared that this was a matter of mutual interest between the NUM
and Ingwe and not a socio-economic issue. It therefore did not fall
within the ambit of Section 77 of the LRA. |
PROPOSED AMENDMENTS TO LRA, BCEA AND INSOLVENCY ACT
| APPLICANT: |
COSATU |
| RESPONDENT: |
BSA AND GOVERNMENT |
| DATE NOTICE
TABLED: |
22 DECEMBER 2000 |
| ISSUES: |
Length of working week, overtime, variation of
basic conditions of employment by Minister of Labour, Sunday work
and payment for Sunday work, disclosure of information, the
presumption as to who is an employee and atypical forms of work,
extension of collective agreements, retrenchments (including the
right to strike over retrenchments), compensation for procedurally
unfair dismissals, transfer of business as going concerns and in
insolvent circumstances, notices of sequestration and liquidation
to trade unions and workers, ranking of workers claims and
voluntary liquidation and sequestration applications. |
| OUTCOME: |
The Standing Committee recommended that since there
had been ongoing bilateral and trilateral negotiations on the
proposed labour law amendments including a negotiating committee
under Nedlac's Labour Market Chamber, the parties should continue
to negotiate in these fora. |
MUNICIPAL SYSTEMS ACT (LOCAL GOVERNMENT RESTRUCTURING)
| APPLICANT: |
FEDUSA |
| RESPONDENT: |
SARS, LOCAL AND PROVINCIAL GOVERNMENT |
| DATE NOTICE
TABLED: |
16 NOVEMBER 2000 |
| ISSUES: |
Among other issues, Fedusa intended to protest
against the selling off and outsourcing of Government services. The
concern was that if local authority employees were transferred,
they would lose a tax-free benefit on their pension fund. |
| OUTCOME: |
It was agreed that Fedusa would submit
recommendations to SARS on how the Income Tax Act could be amended
to address the municipal pension fund problem brought about by the
transfer of employees to utilities. It was further agreed that the
provisions of the Local Government Municipal Systems Act, 2000
would guide the process of the restructuring of local government
and that all parties must take steps to ensure adherence to those
principles. |
THE COMPETITION COMMISSION RULING ON THE PROPOSED MERGER OF THE
STELLENBOSCH FARMERS WINERY AND DISTILLERS CORPORATION
| APPLICANT: |
NUFBWSAW (National Union of Food, Beverage, Wine
Spirits and Allied Workers Union /FAWU (Food and Allied Workers'
Union) |
| RESPONDENT: |
COMPETITION COMMISSION THROUGH THE DEPARMENT OF
TRADE AND INDUSTRY
STELLENBOSCH FARMERS WINERY AND DISTILLERS CORPORATION |
| DATE NOTICE
TABLED: |
30 OCTOBER 2000 |
| ISSUES: |
Possible job losses caused by the ruling by the
Competition Commission that the unification of the two companies
amounted to a consolidation, not a merger. The Union wanted the
Minister of Trade and Industry to exercise his powers in terms of
section 18 of the Competition Act to protect the public interest
which would be jeopardised by the unification. |
| OUTCOME: |
The Standing Committee felt that the unions had two
avenues to explore to resolve their concerns. Firstly, they were
advised to seek representation in the hearing of the Competition
Tribunal which would be held to decide whether or not the
unification amounted to a merger and, in case it amounted to a
merger, if it amounted to a notifiable merger. Secondly, it was
advised to approach the Minister of Trade and Industry and ask him
to intervene in terms of his powers as per section 18 of the
Competition Act. |
THE JUDICIAL MANAGEMENT & RESTRUCTURING OF NORTHWEST
TRANSPORT INVESTMENT (OWNED BY THE NORTH WEST GOVERNMENT)
| APPLICANT: |
SATAWU/ COSATU |
| RESPONDENT: |
NORTH WEST PROVINCIAL GOVERNMENT, NATIONAL
GOVERNMENT, AND JUDICIAL MANAGERS OF NORTHWEST TRANSPORT
INVESTMENTS |
| DATE NOTICE
TABLED: |
15 NOVEMBER 2000 |
| ISSUES: |
The judicial management of the company, which the
union claimed had resulted in retrenchments and the public being
denied an important service. Furthermore, ongoing restructuring was
not inclusive of Labour. |
| OUTCOME: |
The parties agreed on the formation of a
restructuring committee comprising of both parties. They agreed
that the restructuring process would remain under the jurisdiction
of Nedlac, with reports being forwarded to Chair, until the process
was finalised. |
SECTION 77 STANDING COMMITTEE (Twelve meetings)
Business
Labour
Community
Government