Rand Water bids to interdict Samwu strike
Rand Water argues it renders an essential service and a strike will stop it from being able to deliver on its constitutional duties
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Rand Water turned to the labour court on Wednesday, seeking an urgent interdict to stop its employees affiliated to the SA Municipal Workers' Union (Samwu) from downing tools.
In its application, Rand Water asked the court for an interim order that would block the strike.
“The respondents [Samwu] are mobilising and/or have mobilised their members, who are employees of the applicant [Rand Water] to participate in strike action or conduct contemplation or furtherance of an unprotected strike action which is intended to include members participating in gatherings, protest action and picketing in and around the respondents’ sites,” Rand Water said in its founding affidavit.
In its arguments, Rand Water said it renders an essential service. It referred to a minimum service agreement concluded between the organisation and Samwu in August 2019, where it was agreed that should Samwu members go on strike, those deemed to be rendering essential services should not go on strike so that the water utility could meet its constitutional mandate.
“The applicant (Rand Water) is required under its constitutional and statutory duties to provide essential services to the communities it serves without unlawful interferences with its essential service operations,” Rand Water said.
“The intended strike action will effectively hamper and/or restrict the provision of potable water to a vast majority of the populace.”
In response, Samwu said its members deemed to be performing essential duties would not take part in the strike.
Samwu maintained that its dispute with Rand Water was about the unilateral change of conditions of employment and not about the unfair labour practices.
In its papers, Samwu said there was a clause in the employment contracts of its members stipulating that they may qualify for an incentive bonus on completion of a year’s service.
“The applicant has been paying respondents (employees) their bonus on a yearly basis for the last 17 years in terms of the employment contracts and policy. It therefore came as a surprise that the applicant on March 31 2021 notified the respondents that there will be no incentive (bonus) payout for the 2019/2020 financial year,” Samwu said.
The union said it meant Rand Water unilaterally changed the conditions of employment in respect of bonuses without consultation.
The case continues.
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