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Last modified: 16 Mar 2021
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KOUGA STRIKES BACK

16 March 2021

In January 2021, SAMWU – the biggest labour union in Kouga Municipality – obtained a strike certificate from the SALGBC in which they demanded a COVID-19 allowance.

 

SAMWU then subsequently gave notice to the Municipality to embark on a strike, in which the Municipality then referred an application and interpretation dispute to the CCMA.

 

SAMWU and the Municipality then agreed as per a settlement agreement to finalise the said dispute at the CCMA before SAMWU can embark on a strike.

 

This was then made an order of the Labour Court.

 

The CCMA then subsequently ruled that they do not have jurisdiction over the case, and then transferred the case to the SALGBC.

 

SAMWU then immediately embarked on an illegal strike after receiving the CCMA ruling as they deemed the matter as finalised.

 

The Municipality saw this action as mala fide and the strike was declared unlawful and unprotected.

 

SAMWU and all the striking employees were advised as such on two occasions, however, the strike continued unabated.

 

The Municipality then approached the Labour Court and on 16 March 2021, the Municipality obtained an interim Labour Court interdict declaring the strike as unlawful and invalid and interdicting and restraining all striking employees from continuing with the strike.

 

The dispute referred to the CCMA, which in turn has been referred to the Bargaining Council, must first be finalised as per the Labour Court ruling, as has been reiterated by the Municipality numerous times.

 

“The principal of no work no pay will apply to all striking employees,” said Kouga Executive Mayor, Horatio Hendricks.

 

“Services should be back to normal from tomorrow, and we thank the public for their patience.”