Newcastle Municipality replaces sacked workers despite court proceedings by aggrieved ex-employees

In 2019, Newcastle Municipality sacked 223 workers after a violent dispute over unpaid overtime and the fired workers took the matter to the labour court in a bid to appeal the municipal decision.

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Published Jul 7, 2021

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DURBAN - IN AN attempt to kick-start service, the Newcastle Municipality has announced the filling of over 100 posts that have been vacant for more than 18 months after the municipality dismissed its workers.

In 2019, the municipality sacked 223 workers – mostly from the community services department – after a violent dispute over unpaid overtime.

The fired workers took the matter to the labour court in a bid to appeal the municipal decision. Due to Covid-19 regulations, the matter has been dragging for months, leaving the municipality battling with poor service delivery.

The municipality has come under fire from opposition parties and community members, who have complained about poor delivery of services, including refuse collection and infrastructure repairs.

One of the workers, who asked not to be named, said they were disappointed that the municipality had decided to replace them while the appeal process was ongoing.

“If the workers win the case and the court orders that we be reinstated, it will be a mess. This means that the municipality will have to pay for two employees occupying one post.

“We understand that service delivery is bad since they dismissed workers, and I understand their frustration. However, this will backfire,” he said, adding that they were still waiting for a letter from the court.

Municipal manager Vish Govender confirmed the appointment of the workers, saying the new staff have already started with their duties.

He said many of the appointed staff had been acting since the dismissal of the previous workers.

Govender said if the dismissed workers won the case and were reinstated, the municipality would have no option but to comply with the ruling.

“I cannot wait for the court case to be concluded as that can take up to five years. In the meantime, how do I collect waste and cut the grass? How do I provide fire and traffic services?

“If they get reinstated, we can’t have two people in one post. We will have to accommodate them in other sections within the municipality. We won’t be able to afford to pay two people for one post,” he said.

He said they wanted to demonstrate to the ratepayers and businesses that basic services would not be compromised due to labour-related issues.

“The matter is in court, and it will determine the solution. In the interim, we got a legal opinion, looked at the merits of our case, and we believe we have a good case,” he said.

DA councillor and executive committee member Bebsie Cronje lambasted the municipality for taking too long to fill the vacant posts.

“It’s a very sad thing, and since those workers were dismissed about 18 months ago, our service delivery in the municipality has gone down the drain. There are no two ways about it because if you look at our streets, infrastructure and waste collection, everything went down drastically,” said Cronje.

THE MERCURY