A labour courtroom judgment which on Friday dismissed an software to compel SA Airways (SAA) to seek the advice of staff pending retrenchments was a “travesty of justice”.
That was the response to the ruling by the Nationwide Union of Metalworkers of SA (Numsa) which, along with the SA Cabin Crew Affiliation (Sacca), failed in a courtroom bid to pressure the employer to start consultations as required by the Labour Relations Act.
Decide Graham Moshoana held on Friday that SAA had not contemplated dismissals and due to this fact the responsibility to seek the advice of as set out in part 189 of the Labour Relations Act didn’t come up.
“The process in part 189A (13) is on the market to consulting events and for the reason that responsibility to seek the advice of has not arisen, the powers of this courtroom to compel a good process and or interdiction and restraining SAA are severely circumscribed,” Moshoana stated.
Numsa spokesperson Phakamile Hlubi-Majola stated the labour union seen the judgment as a travesty of justice.
“What the labour courtroom has achieved right this moment is to remove staff’ rights to have significant engagement when retrenchments are happening,” stated Hlubi-Majola.
“The enterprise rescue practitioners are retrenching staff at SAA. There’s a plan that’s being applied, we’re merely being instructed about it, we’re not being meaningfully engaged.”