SAPWU DEMANDS REINSTATEMENT OF 31 FIRED MEMBERS

MANZINI - SAPWU is demanding reinstatement of its 31 members who were dismissed after the protracted Mananga Sugar Packers (MSP) strike in 2017 or E4 463 590 05 as compensation.

The Swaziland Agricultural Plantation and Allied Workers Union (SAPWU) has since taken MSP to the Conciliation Mediation and Arbitration Commission (CMAC) over the matter.

 A total of 31 employees were dismissed by the company in March 2018 and June 2018, after a disciplinary inquiry found them guilty of violating the company’s rules and regulations during the strike which ran from June until December last year. In March, the company fired 23 workers while in June, eight shop stewards were fired.  

According to the CMAC report of dispute, the union said the nature of the clash was an unfair dismissal.
In the summary of the particulars of all the facts giving rise to the dispute, the union said on June 28, 2017 the workers embarked on a protected strike action. It said the industrial action was companied by picketing that was conducted in a peaceful and orderly manner.

It said at around October 2017, the employer allegedly attempted to institute disciplinary hearings against the workers and the matter was taken to court.
The union alleged that in January 2018, the company charged some of the employees with trumped up charges and they appeared before the disciplinary committee. It is said the charges were premised on baseless allegations. Furthermore, it alleged that after the strike, the workers were deprived of the right to go back to work.

According to the union, the employees appealed the verdict of the disciplinary hearing but in vain.
The union went on to allege that the dismissal was procedurally unfair as the agreed disciplinary code and procedure was violated, the presiding officers had no jurisdiction and grossly biased. It also alleged that the right of the employees to be heard was violated.

“The dismissal was also substantively unfair as the respondent dismissed whomsoever acted in line with the Industrial Relations Act of 2000 and did not submit any credible evidence,” reads part of the union’s submissions.

The workers were charged with various counts, ranging from violating safety procedures to tampering with clocking records. According to the charge sheet, at round July 17, 2017, they allegedly violated Section 9, Clause 9.2 and 9.3 of the MSP Industrial Relations policies and procedures when they were accomplices and took part in being dishonest, bearing false witness, forgery and tampering with clocking records as they were clocked in by another employee at the main gate. According to the charges, this act was allegedly deliberately done to deceive the employer.

Again, each of the shop stewards faced not less than 10 charges and they were found guilty on most of the charges by the disciplinary inquiry.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: