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THE Labour Court has dismissed an application brought against the University of South Africa (Unisa) by five former employees who were NEHAWU shop stewards at the time of the termination of their employment contracts.
The Labour Court found that the applicants failed to establish the court’s jurisdiction.
Unisa terminated the employment contracts of five employees, including shop stewards of Nehawu on Friday 6 May 2022, for serious misconduct in terms of the university employee disciplinary code and university ethical code.
The university attempted to contact the trade union several times prior to terminating the employees’ employment contracts in an attempt to find a solution to the employees’ illegal behaviour.
They were accused of disrupting graduations and illegally discharging pepper spray, among other things.
As a result, on Tuesday 19 April 2022, the university imposed a precautionary suspension on the staff until the completion of disciplinary proceedings.
“Whilst noting and respecting this outcome, Unisa Management wishes to reaffirm its stance that it is not against NEHAWU or any labour union operating within the university. The Management is on record as having protected the rights of labour to organise, protest and agitate for the rights and issues affecting workers,” the university said in a statement.
“NEHAWU in particular, has been peacefully picketing since 3 November 2021 and the university has not even once interfered with the pickets. However, when the industrial action took a violent turn and violated laws and applicable policies, the university Management took steps to protect life and property in line with legal obligations.”
Unisa said its management also wished to reiterate that it has met the salary adjustment demand by NEHAWU on 19 April 2022 as officially approved by the governance structures of the university.
“As far as the Management is concerned, there is no salary increase dispute yet. To this end, the university is returning to the CCMA to clarify and set the record straight. The new round of negotiations has not yet reached a deadlock stage. The non-existent dispute must not be used to perpetuate violence and instability in the university,” said Unisa.
“Unisa is an important public institution in the imagination and lives of the people of Africa. The Management hopes that NEHAWU will reconsider its violent and disruptive stance. Meanwhile, the university has put measures in place to ensure business continuity and the protection of the academic programme. All workers are encouraged to continue with their important work of serving the public.”
INSIDE EDUCATION