COURT STOPS RAILWAY STRIKE

MBABANE – The Industrial Court has stopped an intended strike by Swaziland Railway workers.

According to a letter written by the Public and Private Sector Transport Workers Union to the management, the strike was scheduled to take place next week Wednesday.
The strike was intended to force the management of Swaziland Railway to pay the workers five per cent once off increment for the year 2012/2013.

“The commencement date outlined herein is intended to give the organisation the opportunity to reconsider the dispute with a view to embarking on the implementation, in which case the strike action will be averted,” reads part of the letter from the union.
The interim order stopping the strike action comes after the management of Swaziland Railway filed an urgent application at the Industrial Court yesterday.

The respondent in the matter is the Public and Private Sector Transport Workers Union.
The order, which was issued by Judge Nkosinathi Nkonyane, interdicts the workers from continuing with the strike action intended on September 17, 2014 pending finalisation of the matter.

Swaziland Railway is represented by Zweli Jele from Robinson Bertram while the workers are represented by Sipho Madzinane.
Sandile Mcanyane, Swaziland Railway Human Resources Manager, in his affidavit, stated that on or about September 2013, the union reported a dispute to the Conciliation Mediation and Arbitration Commission (CMAC).

“In the financial year 2011/2012, and on account of serious financial difficulties that were experienced by the applicant (Swaziland Railway) and Government of Swaziland, a decision was taken by SCOPE to the effect that, all public enterprises should not grant any increments. The ‘major’ for purposes of salary was fixed at zero,” Mcanyana stated.
These are allegations contained in an affidavit whose veracity is still  to be tested in court.

Negotiation

Mcanyana  alleged that the situation gradually improved and during the 2012/2013 wage negotiations, the union tabled a demand to the effect that as compensation and/or in lieu of the non-effecting of increments in the previous year, its members should be paid a once-off  five per cent lump sum payment.

He said it was contended that this once-off payment was intended to cushion the workers against the effects of inflation for the past two years.
“The demand for the five per cent lump sum payment was predicated on a circular issued by SCOPE. It is not in dispute that SCOPE did approve a once-off five per cent payment for all public service enterprises for the financial year 2012/2013,” alleged Mcanyana.
The human resources manager further stated that the company (Swaziland Railway) as required by the Public Enterprise Unit (PEU) Act submitted this demand to scope.

He alleged that SCOPE denied approving the demand on the basis that in 2010/2011 financial year, when the financial situation was dire, Swaziland Railway effected increments for its employees.
Mcanyana informed the court that the dispute was not resolved, and consequently, on November 11, 2013 CMAC issued a certificate of unresolved dispute.

He said the certificate of unresolved dispute outlined the nature of the dispute as ‘unfair labour practice’.
“The union contended that its members had a right to the five per cent once off increment, by virtue of the SCOPE circular which they contended was binding on Railway.

That Railway was duty bound to implement the SCOPE directive and a refusal to do so, constituted an unfair labour practice,” Mcanyana stated.
He said in terms of the strike notice, the union gave Swaziland Railway a notice that its members would commence on September 17, 2014.
“The notice does not indicate the time when the strike action is to commence notwithstanding the fact that the applicant operates a shift system,” he stated.

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