The CCMA has reviewed progress on the case file and reports as follows:
- FAWU obo Mahlalela & Others v Umbhaba Estates (Pty) Ltd initially relating to an Organizational Rights dispute under case MP6595-14 which, led to a strike following which employees were dismissed for misconduct.
- The dismissal dispute was referred to the CCMA under case number MP10027 – 15 for dismissal of employees for participating in a strike. The dismissal was not related to wages as per the EFF parliamentary question but emanates from the dispute about Organizational Rights.
Chronology of Events
- The matter commenced 03 September 2014 when FAWU referred an organizational rights dispute to CCMA against Umbhaba. The matter was conciliated on 23 September 2014.
- The matter remained unresolved and a certificate of non-resolution was issued.
- FAWU opted for a strike route.
- The strike was long and protracted,in between there was intimidation and later employer dismissed the employees.
- After the dismissal, the union referred an unfair dismissal dispute to CCMA under case MP10027-15 on 18 November 2015.
- On 03 December 2015, a jurisdictional challenge was lodged.
- On 30 June 2015, the Respondent forwarded a withdrawal notice of review under Labour Court case number JR640/2016.
- On 01 July 2016, the parties were directed to hold a pre-arbitration conference scheduled for 25 July 2016.
- On 03 July 2017, the Applicant attorney forwarded a notice of attorney of record withdrawal.
- On 04 October 2018, the Respondent attorney sought a postponement of the arbitration which was opposed by the Applicant.
- On 12 April 2019, the Respondent attorney forwarded a notice of attorney of record withdrawal.
- On 28 October 2019, the dispute was postponed without a date and the file closed on account of the intention of the Respondent to file a review application at the Labour Court.
- The CCMA received the review application on 18 November 2019.
- To date, the matter remains before the Labour Court.