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Simba factory workers down tools over "unfair" transport deductions

BY: KIMBERLY MUTANDIRO

The company is in the Labour Court on Thursday afternoon to get an urgent interdict against

the strikers.

$$ Simba has asked the Labour Court in Braamfontein to urgently interdict

workers from $$participating$,$ instigating or promoting$$ in an unprotected strike at

its premises. They also want the court to declare the strike unlawful.

$$ This comes after more than $200$ workers downed tools on Wednesday.

$$ The workers are being supported by the Simunye Workers$$ Forum and the

Casual Workers$$ Advice Office.

$$ According to workers, the company has been deducting money from their

salaries each month for transport to and from work. But they say they are

meant to get transport for free as part of an earlier CCMA agreement.

Tension remains high at Simba$$s factories in Isando and Elandsfontein, Gauteng on

Thursday after workers downed tools and were briefly prevented from protesting outside on

Wednesday. Most workers returned to work on Thursday.

On Thursday afternoon, Simba approached the Labour Court in Braamfontein for an urgent

interdict against workers, the Simunye Workers$$ Forum and the Casual Workers$$ Advice

Office, to stop them from $$participating$,$ instigating or promoting$$ an unprotected strike at its

premises. They also want the court to declare the strike unlawful.

According to representatives from the Simunye Workers$$ Forum, $217$ labour broker workers

who were employed by Adcorp Blu were absorbed as permanent workers by Simba in $2018.$

$$The workers had long ceased in law to be casual workers as they had, by that time, worked

for several years for Simba,$$ according to Simunye.

Simunye said that part of the settlement agreement made at the Commission for

Conciliation, Mediation and Arbitration $($CCMA$)$ was that workers would get free transport,

paid for by Simba to and from pick$-$up points or at the employees$$ homes.

$$Workers later discovered that Simba was deducting R$16$ per day from each worker for the

transport, instead of providing it for free. These deductions were not even listed on the

payslip. The workers have been in a long$-$standing battle to have this money returned and

free transport reinstated,$$ Simunye said in a statement on Wednesday.

Worker representatives claim that other employees who became permanent before $2018$

were not paying for transport which had caused division and unhappiness.

More than $200$ workers then decided to down tools this week after Simba had cancelled the

transport and instead offered a once$-$off payment of R$30,000$ if they agreed to accept this as

a full and final settlement as backpay and for any future transport costs. This offer was made

in April during negotiations, according to Simunye.

While waiting for the CCMA to set a date to hear the matter, more than $200$ workers at

Simba$$s Isando factory workers refused to work on Wednesday morning.

They held placards inside the gates of the premises, singing protest songs and asking to be

allowed outside to protest on the streets. But the gates remained locked, forcing the workers

to remain inside the gates. The gates were only opened later that afternoon.

The Simunye Workers$$ Forum and the Casual Workers Advice Office, who have been

assisting the striking Simba employees, have written to Simba, indicating their intention to

oppose the interdict application.

Jacob Potlaki, from the Casual Workers Advice Office, said, $$We refuse to take this $[$once$-$off

offer of R$30,000]$ because workers are owed up to R$140,000$ each for the deductions. We

have tried to negotiate for a better amount than the R$30,000$ being offered without success.

That is why we decided to down tools.$$

$$As we speak workers are supposed to earn around R$7,000$ but they are earning about

R$5,000,$ said Potlaki.

We managed to speak to a few striking workers through the gates of the Isando factory

during their protest on Wednesday. One worker who has worked for Simba since $2012$ said

she wants the company to pay back all the money it has been deducting for transport.

$$They deduct up to R$2,000$ from my salary every month. On top of that, they deduct money

for uniforms and medical aid, which means that we are left with nothing. The company

should own up to its promise of providing us with transport,$$ she said.

At the time of publication on Thursday afternoon, Simba$$s urgent interdict application was

still being heard at the Labour Court.

Simba did not respond to our calls and emailed questions.

QUESTION ONE

$1\mathrm{.}1$

Section $4$ of the Labour Relations Act $($LRA$)$ deals with strikes and lockouts.

Provide a detailed understanding of why Simba has alleged that the strike is

unprotected. $(20)$

Answer requires a word count: $600$ words