Numsa, SACAA head to court over SAA retrenchments

The two unions want the Section 189 notices issued to employees declared unlawful until they have been made privy to airline’s business rescue plan.

“There is an important court case linked to the unions at SAA where two of the unions, supported by several others, is in the Labour Court challenging the fact that without a business rescue plan being presented, Section 189 is being executed,” Public Enterprises Minister Pravin Gordhan told MPs on Wednesday. 

He was providing feedback on the country’s state-owned enterprises to the commitees tasked with overseeing his department.

“Numsa and the Cabin Crew Association believe that these are matters that should be reviewed by the Labour Court so that there is more clarity on the sequence of events.”

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The airline’s business rescue practitioners have put an offer on the table which would see the termination of the employment of SAA workers as the airline is wound down.

Unions have until Friday to accept the severance offer while individuals have been given until May 11.

Should they fail to agree, the business rescue practitioners can then go ahead and unilaterally retrench them.

Gordhan previously placed a moratorium on plans to liquidate the embattled national airline but vowed to replace the cash-strapped airline with a new one.

He admitted not all SAA employees would be guaranteed jobs at the new airline.

“Not every employee is going to be re-employed under the new airline.”

The department said social plans will be developed to cushion the effect of job losses on the affected employees.