Samwu appeals ruling on Rand Water strike

The SA Municipal Workers’ Union (Samwu) is appealing against a labour court ruling which declared its intended strike at Rand Water unprotected, the union said on Thursday.

Samwu threatened to go on strike on Thursday after the bulk water utility failed to abide by an agreement that was made an order of the court in April.

Rand Water last month withdrew its decision not to pay performance incentive bonuses to its staff pending the outcome of a hearing at the Commission for Conciliation, Mediation and Arbitration (CCMA), a statutory body for aggrieved employees.

In return, its striking employees belonging to Samwu agreed to suspend their industrial action. In an agreement, which labour court judge André van Niekerk made an order of the court, the two parties agreed to meet at the Commission for Conciliation, Mediation and Arbitration on April 28 for further engagement.

Last week, Samwu criticised Rand Water for failing to withdraw the circular, saying it will embark on a strike as the Commission for Conciliation, Mediation and Arbitration had issued the union with a certificate of nonresolution.

On Tuesday, however, Rand Water approached the labour court for an order declaring the intended strike unprotected, and the court ruled in the water utility’s favour.

On Thursday, Samwu Gauteng deputy secretary Mamorena Madisha told Business Day: “Despite our certificate of nonresolution as issued by the CCMA, the labour court declared the [strike] unprotected, so we have postponed it pending the appeal outcome.”

Rand Water is crucial to the economy as it supplies Gauteng’s three metropolitan municipalities, local municipalities, mines and other industries, as well as parts of Mpumalanga, North West and the Free State with an average of 3.653-million litres of potable water a day.

Most of Rand Water’s 3,000strong workforce are essential service workers, with only about 1,000 nonessential service employees. The supply and distribution of water is classified as an essential service, and essential service workers are prohibited from striking.

The water utility has said it would be “a serious offence that may even lead to dismissals” if the utility’s essential service employees downed tools.