Trade union Solidarity has applied for an urgent interdict in the Labour Court in Port Elizabeth in the Eastern Cape to stop retrenchments at Continental Tyres.
“The court will hand down judgment tomorrow at 10am,” spokesman Johan Kruger said on Wednesday.
The union applied for the interdict as they believed that Continental Tyres “did not act procedurally correct in their retrenchment processes”, said Kruger.
He was referring to an agreement that was signed between the National Union of Metalworkers of SA (Numsa) and Continental Tyres in May, relating to changes in the company’s shift system.
The agreement stipulated that employees who worked only on Saturdays and Sundays in a pattern of five shifts would only be eligible to be paid one-and-a-half times the normal wage on a Saturday and double the normal wage on a Sunday.
Kruger said the changes to the company’s shift system would result in 125 employees being retrenched, and employees would have to work two out of every four weekends.
“Our main bone of contention is that the Labour Act states that as soon as an employer contemplates missing employees for operational reasons, then the employer is obligated to consult with the trade union or the employees,” said Kruger.
He said that Continental Tyres did not follow that procedure and that the union wanted the retrenchment process to be stopped and for the correct procedure to be followed.