Pretoria – The decision by the City of Tshwane to recall salaries of some employees pending a drive to verify their legitimacy as part of the municipal workforce was illegal, the Labour Court ruled.
The ruling, delivered on Friday followed legal action launched by the Independent Municipal and Allied Trade Union (Imatu), challenged the City’s stance to withhold salaries of some workers.
In a communique to union members, regional leader Rudy de Bruyn said the urgent application was heard virtually in the Labour Court and that the ruling came out in their favour.
Part of the ruling said the recalling and withholding of the salaries of Imatu members for not reporting for verification purposes was unlawful.
De Bruyn said: “We remain committed to ensure that members' rights are protected and will challenge any unlawful action by the City of Tshwane in the interest of our members.”
Meanwhile, the SA Municipal Workers Union (Samwu) had threatened legal action against the City with a view to force the metro to pay the outstanding salaries of its members.
Samwu regional leader Nkhetheni Muthavhi said the organisation had already engaged with their lawyers to challenge the legality of a decision to recall salaries.
On Friday, some workers affiliated to the union protested outside Tshwane House to express their disappointment regarding non-payments of salaries.
They refused to be addressed by City’s senior officials, demanding head administrator Mpho Nawa address them.
Muthavhi condemned the recalling of salaries. “We have engaged the lawyers. We are going to take the matter forward on an urgent basis in court,” he said.
Muthavhi quashed the claims by Nawa that the City had identified 1 400 ghost workers in its system, challenging him to produce evidence related to their date of employment and the person who hired them.
“He is just talking nonsense. Let him tell you how much those workers paid and who hired them. These people are just trying to save their faces,” Muthavhi said.
The union has also called for the removal of administrators appointed by Local Government MEC Lebogang Maile in March following the dissolution of council.
The Friday protest caused disruptions in the operation of metro buses, which affected commuters in Centurion, Westpark, Danville, Olievenhoutbosch, Pretoria CBD and parts of north-east.
City spokesperson Selby Bokaba said protesting employees alleged they had not been paid their August salaries.
“We are doing all possible to resolve the problem and we would like to apologise to commuters for the inconvenience caused,” he said.
Workers took to the street despite a promise by Nawa that the City would pay salaries of those whose employment status was verified.
Nawa said outstanding workers who presented themselves for verification on Thursday were expected to be paid on Friday.
He had further dismissed as false initial claims that the administrators withheld the salaries of more than 7 000 employees.
“This verification process was meant for all the people of Tshwane to know that they are paying salaries of people that are legally on the City’s payroll,” he said.
The verification process was undertaken after the Department of Group Audit and Risk flagged some workers suspected of being employed through fraudulent means.
Pretoria News