THE National Union of Metalworkers of South Africa in the JC Bez region in Johannesburg has welcomed the decision handed down through private arbitration ordering Busmark 2000 to reinstate 82 workers who were unfairly dismissed in 2013.
Busmark is a Randfontein-based company which manufactures, maintains and services buses.
Numsa’s regional secretary Oupa Ralake said in a statement that in August 2013 their members participated in the National Motor strike, which was a protected strike.
Busmark did not see it that way, and took disciplinary action against these workers for participating in the strike.
“On the day of the disciplinary hearings in October 2013 management alleged that workers participated in another unprotected strike on the 22ndand 23rdof October because they were angry over the disciplinary hearings,” said Ralake.
“They alleged that our members threatened employees, and were violent and damaged property. The security supervisor also falsely claimed that a Nigerian National had been murdered by angry protestors.”
Following this incident all 82 employees were disciplined and dismissed by the employer.
“We appealed this decision at the Dispute Resolution Centre of the Motor Industries Bargaining Council (MIBCO) and the matter was resolved through private arbitration,” said Ralake.
“The chairperson of the arbitration found that our members were unfairly dismissed. The allegation that members had participated in an illegal strike in October was dismissed because there was no evidence to back that up. Workers had actually been locked out by the employer, they were not on strike. The employer also alleged that our members were violent during the strike and damaged property.”
He said one Mr Mabaso, a security supervisor, went as far as falsely claiming that a Nigerian national was murdered on the premises by our members.
The arbitrator found that he fabricated the incident because video footage proved that workers were peaceful.
“Even after police were called and they were teargassed, they still conducted themselves peacefully and “stood in an orderly fashion,” said Ralake.
The arbitrator also commented on the fact that the management at Busmark imposed restrictions on employees’ movements after the end of the National Motor Strike.
He said workers, even female employees had to get permission slips just to go to the toilet.
The female described the request and restrictions as ‘preposterous”.
In terms of the arbitration award, Busmark has been ordered to reinstate all Numsa members into the positions they occupied at the date of their dismissals.
They have also been ordered to pay our members an amount equivalent to four years’ salary.
The order states that they shall report for duty on the 26th of May 2021, and the back pay awarded to them, shall be paid on or before that date.
“This is a victory for workers at Busmark and for the working class. And it is an important reminder that during these times of economic uncertainty, workers need to have a militant, independent union on their side –NUMSA is that union,” said Ralake.
“Not only do we fight for our members, we are prepared to perish with them and we will go as far as we need to go to secure their rights. We are always at the forefront of defending workers and their families’. We call on all workers at Busmark and in the motor sector to join NUMSA in their numbers, because NUMSA puts the working class first.”
- Inside Politics
