The General Manager,
BEMAWU HEAD OFFICE
RE: REFUSAL TO BARGAIN & OTHER MATTERS
We act on behalf of our members.
On Tuesday, 4 August 2009 we send you a request to start negotiations on behalf of members outside the so-called bargaining unit. To date we have not received a response to our letter.
We are of the view this constitutes a refusal to bargain. Should we not receive confirmation in respect of our request within 24 hours, we will proceed with a dispute.
Furthermore, the SABC has published what clearly are unilateral changes to terms and conditions of employment.
It is an established term and condition of employment to accumulate leave. Only a very small part of that leave are compulsory leave and has to be taken or forfeited. There is no limit on the number of days of leave employees may accumulate and no agreement that our members will forfeit other leave not taken. Leave is regulated under the Basic Conditions of Employment, and also under the Law of Contract. Your decision to unilateral change terms and conditions of employment is reviewable in the Labour Court not only under the BCEA and the Law of Contract, but also in the High Court under the Just Administrative Action Act as you have unfairly exercised an administrative act.
It is furthermore an established term and condition of employment to encash leave. Should you wish to temporarily suspend the encashment of leave, you have to negotiate this with us, and not simply make unilateral decisions in this regard.
We request that you publish a reversal of the abovementioned two decisions with immediate effect, failing which we will bring an application in the appropriate forum, be it the High Court, Labour Court or CCMA to protect and defend our member’s rights.
Hannes du Buisson
President : BEMAWU