The Information Communication and Technology Union (ICTU) has misrepresent the facts contained within yesterday’s order by the Labour Court of South Africa, says Telkom.
The company has issued a statement that its restructuring process has not in any way been halted by the order. The Court granted the relief as neither Telkom nor the other unions oppose the application.
“The ICTU will be included in all the current formal consultation processes, once the formal consultation process begins,” Telkom states.
“South African law differentiates between recognised and registered unions. The ICTU is a registered union but is not recognised by Telkom. The Labour Relations Act also states that registered unions must be included in formal consultation processes on matters such as a Section 189 and Section 197 processes, if their members may be affected.
“Telkom is committed to following the letter of the law in the execution of its turnaround strategy. In line with the law, the ICTU were invited to attend the first formal consultation session with organised labour, which was scheduled for Friday 20 February 2015. At the outset of the meeting, organised labour required a number of process matters to be addressed.
“These discussions were required ahead of the start of the formal consultation process and therefore had to be undertaken as engagements within the Company Forum structure.
“While Telkom was willing to allow the ICTU to remain in the room for those discussions, the Communication Worker’s Union (CWU) objected to the ICTU’s presence, as the current recognition agreement only allows participation by recognised unions in the Company Forum. On the basis of the CWU’s objection, the ICTU left the meeting.
“In line with the law, the ICTU will be included in the formal consultations. Those consultations have not yet begun. As with all registered unions, the ICTU will be given access to all relevant documents and information related to the Section 197 and Section 189 process. That information has not yet been shared with any union, as the law requires that it be shared at the start of the formal consultation, which has not yet begun.
“Telkom did not oppose the application as the company has not to date, nor will it ever, bar the ICTU from any formal consultation process.
“The ICTU’s claims that Telkom has retrenched employees ‘prior to serving them with notices that their employment will be terminated prior to consultation’, is simply untrue.”
