The National Union of Metalworkers of South Africa (Numsa) says it has instructed its legal representatives to apply for leave to appeal against a labour court judgment which dismissed the union’s bid to interdict BMW from proceeding with a disciplinary process against its employees.
The company had begun disciplinary processes against 224 of the 500 workers who were being charged for fraudulent medical aid claims made against BMW’s Employee Medical Aid Society (Bemas). While the disciplinary proceedings were continuing, Numsa applied to the labour court to stop the process.
The court dismissed Numsa’s application on October 10 and provided reasons for its order on October 18.
“Truth be told, this is an application that never should have been brought, especially not by a long standing and experienced trade union such as (Numsa),” acting judge Sean Snyman said.
He said Numsa was in essence asking the court to micromanage internal disciplinary proceedings of an individual employer while such proceedings were still ongoing. Snyman said Numsa did this despite a plethora of authorities indicating that such intervention was not appropriate and should be discouraged.
In a statement on Monday, Numsa said the judgment was yet another in a series of judgments that were in direct conflict with labour appeal court authorities by incorrectly stating that the labour court did not have jurisdiction over disciplinary matters.
“It has undermined those same authorities through the back door, by way of blocking deserving cases from being adjudicated on the premise that there are no ‘exceptional circumstances’ warranting the court’s intervention.
“At least 500 workers may be dismissed because of an unfair disciplinary process,” the union said.
Numsa said its application had had a positive result in that BMW had been compelled to provide essential information which allowed it to defend its affected members in the ongoing disciplinary proceedings.
“The labour court’s judgment cannot go unchallenged in that it contains fundamental errors and it is setting a most unfortunate precedent giving employers a free hand to act in the most procedurally unfair manner imaginable.
“As such Numsa has instructed its legal representatives to proceed with the necessary application for leave to appeal.”
TimesLIVE
Numsa to appeal against labour court judgment in BMW disciplinary process
Image: KABELO MOFOKENG
The National Union of Metalworkers of South Africa (Numsa) says it has instructed its legal representatives to apply for leave to appeal against a labour court judgment which dismissed the union’s bid to interdict BMW from proceeding with a disciplinary process against its employees.
The company had begun disciplinary processes against 224 of the 500 workers who were being charged for fraudulent medical aid claims made against BMW’s Employee Medical Aid Society (Bemas). While the disciplinary proceedings were continuing, Numsa applied to the labour court to stop the process.
The court dismissed Numsa’s application on October 10 and provided reasons for its order on October 18.
“Truth be told, this is an application that never should have been brought, especially not by a long standing and experienced trade union such as (Numsa),” acting judge Sean Snyman said.
He said Numsa was in essence asking the court to micromanage internal disciplinary proceedings of an individual employer while such proceedings were still ongoing. Snyman said Numsa did this despite a plethora of authorities indicating that such intervention was not appropriate and should be discouraged.
In a statement on Monday, Numsa said the judgment was yet another in a series of judgments that were in direct conflict with labour appeal court authorities by incorrectly stating that the labour court did not have jurisdiction over disciplinary matters.
“It has undermined those same authorities through the back door, by way of blocking deserving cases from being adjudicated on the premise that there are no ‘exceptional circumstances’ warranting the court’s intervention.
“At least 500 workers may be dismissed because of an unfair disciplinary process,” the union said.
Numsa said its application had had a positive result in that BMW had been compelled to provide essential information which allowed it to defend its affected members in the ongoing disciplinary proceedings.
“The labour court’s judgment cannot go unchallenged in that it contains fundamental errors and it is setting a most unfortunate precedent giving employers a free hand to act in the most procedurally unfair manner imaginable.
“As such Numsa has instructed its legal representatives to proceed with the necessary application for leave to appeal.”
TimesLIVE
READ MORE
Numsa should not have brought application against BMW: labour court
Numsa calls on BMW for talks to resolve impasse
Sparks fly over ‘imbecile’ life insurer deal
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
News and promos in your inbox
subscribeMost read
Latest Videos