More than 100 embattled City of Joburg employees are urgently seeking to interdict their imminent axing by the metro. They want it put on ice at least until the Bargaining Council delivers an outcome in their case against Joburg Metro.
City of Joburg mayor Dr Mpho Phalatse has not minced her words that the cohort were “ANC deployees” who had their fixed-term contracts illegally converted to permanent posts in February, 2021.
Joburg Council resolved on February 25, 2022 to rescind the permanent contracts and gave the affected employees until April 30 to leave the positions.
A total of 148 employees launched a dispute two weeks ago against the metro at the South African Local Government Bargaining Council (SALGBC).
Their case at the SALGBC was that Joburg Council had no powers to rescind the earlier decision to make them permanent employees.
They are now headed to the Labour Court to seek an order interdicting their axing before an outcome from the SALGBC.
Their court papers, undersigned by Nhlamulo Sewela, maintained that the metro wanted them out before the outcome of the Bargaining Council.
Sewela, a former leader of the ANC-aligned South African Students’ Congress, held the position of assistant director: legal services in the metro.
“Despite a modest request from our attorneys, the respondents are refusing to wait for the outcome of the Bargaining Council process before they implement their decision,” said Sewela in the papers.
“The applicants have engaged with the City in good faith, however the City has been unwilling to compromise.”
Sewela said the applicants included drivers, photographers, personal assistants, researchers, office managers and assistant directors.
He submitted in the court papers that an interim interdict, pending the Bargaining Council outcome, was “only fair”.
“The applicants will be ruined if the interim interdict is not granted. On the other hand, the respondents will not suffer any prejudice if it is granted,” said Sewela.
“We will suffer irreparable harm if we lose our employment. We all have monthly financial commitments that we have to meet.
“We will lose our houses, children’s schooling, cars and other financial commitments through a process that was not explained to us nor were we consulted,” he added.
Furthermore, Sewela said, the 148 have good prospects of success at the Bargaining Council. It would be prejudicial to only reinstate them after a victory at the Bargaining Council, Sewela said.
“The resolution of the council is clearly unlawful, unfair and irrational. It further amounts to a unilateral change of the conditions of employment.
“Moreover, even if the applicants were to be successful in the referral before the Bargaining Council, which I submit is very likely, any award that might be granted at that time will be too little too late, as the City would have terminated the applicants’ employment and appointed new functionaries into our positions.”
Mabine Seabe, Phalatse’s spokesperson, said the metro will oppose the application.
@BonganiNkosi87