The Labour Court of South Africa, on 10 May 2023, handed down an interim court interdict in favour of tyre manufacturer, Sumitomo Rubber South Africa (SRSA). This effectively means that the ongoing industrial action initiated by NUMSA, almost three weeks ago on 25 April 2023, at the SRSA’s plant in Ladysmith, is illegal.
Lubin Ozoux, CEO of SRSA, said, “We have continuously reached out to our employees, via established communication channels, urging them to return to work at our Ladysmith tyre manufacturing plant. Employees have been reminded that the “No Work-No Pay” policy applies. SRSA is still engaged in legal processes with NUMSA.”
A threat to business
In the interim court order, the Labour Court said SRSA proved that the strike was a threat to the business.
“The direct result of the strike is that manufacturing has come to a halt. The applicant’s ability to fulfil its business obligations is threatened. The resultant financial loss poses a real threat to the livelihoods of its employees and its ability to continue operating,” reads the judgement.
Union grievances
Ozoux outlined the grievances put forth by NUMSA.
“The Union has accused SRSA of undermining it and has made demands for the suspension of three senior SRSA executives, but did not provide reasons for this demand. Additionally, the judge ruled that this demand has no factual basis. NUMSA has also called for the immediate reversal of the current shift configuration, despite that having been a binding agreement concluded between SRSA and NUMSA in February 2021. We reached a deadlock in negotiations with NUMSA due to an ongoing disciplinary process involving NUMSA-affiliated SRSA employees, but we are confident that we have followed all due process in this matter so far,” he said.
Impact on Ladysmith community
The plant is celebrating its golden anniversary this year with key capital investments lined up.
“At present, we are disheartened that the protracted industrial action has resulted in a halt to our operations and production at the facility. We are fully invested in the community of Ladysmith, celebrating 50 years of operation at the plant this year. But more so, we are saddened that the actions by protesting employees have impacted upon, not just employees who dedicatedly arrive for work over the past few weeks, but the Ladysmith community at large,” said Ozoux.
The recent court order has provisionally interdicted and restrained respondents, protestors, followers and supporters from directly or indirectly, instigating unlawful behaviour that can result in damage to property or the infringement of the rights of any staff and visitors to the plant.
The order further prevents blocking entrances and infringing on any traffic laws in and around the plant, including adjacent roads.
SAPS has been directed to ensure protestors comply and stay at least 150 metres from SRSA entrance and exit areas. Protestors have also been ordered not to carry any dangerous weapons, harassment, vandalism and intimidating staff or visitors.
Ozoux concluded, “We urge the local community to be vigilant when passing by the plant. We thank employees who arrive for work, and we are committed to ensuring their safety. We would like to see all employees return to work immediately, as every day of continued striking further jeopardises the plant’s ability to remain open in the future, sustain jobs and attract investment that will benefit the local economy and surrounding community.”
