Aggrieved COJ130 employees turn to courts over ‘irrational directive’

Aggrieved COJ130 employees turn to courts over ‘irrational directive’

Some 130 disgruntled employees are taking legal action against the City of Johannesburg over a directive that will see them jobless by next April.

Same and lawyers on COJ130
Nokukhanya N Mntambo

Last week acting city manager Mesuli Mlandu signed off on the council’s decision to reverse the permanent employment of some staff.

 

The notices of regularisation will see the 130 contracts of employees attached to political offices converted back to fixed term, which have been described as irregular and illegal.

 

But the affected workers are fighting back.

 

The group’s legal representatives and the South African Municipal Workers' Union (Samwu) briefed media on Tuesday detailing a list of demands, including an undertaking by the city that it will not proceed with the implementation of the council resolution.

 

The group has given the city five days to respond.

 

“Should the city fail to respond to these objections or furnish the required undertakings within the aforementioned period our clients will approach the appropriate forum, including but not limited, to the Bargaining Council, the High Court and/or Labour Court for urgent appropriate relief,” said legal representative Mojalefa Motalane.

 

Motalane further described the city’s actions as irrational.

 

“In us going to court, the essence would effectively be for a determination that the city’s decision to rescind the existing council design to convert the employment status from fixed term to permanent was flawed and that would be the essence of what the legal challenge would be.”

 

Sawmu’s Thobani Nkosi revealed the union had been in talks with Gauteng MEC for Cooperative Governance Lebogang Maile to try find common ground with the city.

 

The union vowed there would be protest action in the coming days, if there is no resolution to the issue. 

 

Listen to Nkosi below:

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