Giyani View

Money playing a big role over labour court ruling against Giyani Spar supermarkets

Giyani-based labour union, Economic Pioneer Transformation Aid South African Workers Union (EPTASAWU) has threatened to shut down the two Giyani Spar supermarkets on 15 October 2020.

Speaking to Giyani View on Thursday, Austin Mabasa who is the labour union’s president said that on the 1st of October 2020, the CCMA in Tzaneen ruled in favour of the union against Shashe trading – a company that operates the two supermarkets.

Giyani View understands that the CCMA Commissioner known as Mr. Sono made a ruling before hundreds of employees who have already lost their jobs. According to his ruling, the employees will be granted a permit to protest outside the two supermarkets which he (Mr. Sono) revoked after meeting the management of the supermarkets.

One of the employees confirmed to Giyani View that this year alone, more than 20 employees lost their jobs. “If you’re short of R10, they don’t give you a warning or deduct it from your salary, but they fire you. If you’re more with R10, you get fired. It’s a living hell to the employees,” she said.

Mabasa alleged that Mr. Sono solicited a bribe in exchange for changing his ruling.

Over 120 Spar employees are jobless and it’s understood that Shashe trading planned to get rid of all the old employees. Giyani View can confirm that a Johannesburg Labour Court on 27 August 2020 set aside Shashe trading’s appeal against the ruling of the 20th February in which the court ruled in favour of EPTASAWU.

The first case was an interdict to prevent EPTASAWU from entering Mopani and Giyani Spar and contempt of court order against Mabasa.

Mabasa told Giyani View that Shashe failed to honour the court ruling that employees who have been fired from the two supermarkets after participating in a strike in January 2020 should be reinstated and compensated.

It’s understood that the employer has deliberately applied delaying tactics to buy time, which resulted in employees losing their dividends.

Mabasa said that the transfer processes that Shashe trading claims to be conducting is practically impossible as pieces of legislation don’t allow the exclusion of the main stakeholders during this process.

Shashe bought the supermarkets from Mia De Bruyn.

Mabasa said that if they had money or support from the local municipality and organizations, they would have already sent the sheriff of the court to Spar supermarkets. “We won in the Johannesburg Labour Court, their appeal was turned down. CCMA in Tzaneen ruled in our favour and after meeting Spar bosses, the decision was revoked. Money is playing a bigger part in this case.

“The claims that we are an unregistered labour union doesn’t hold water simply because the labour court in Johannesburg listened to our case and we won,” fumed Mabasa.

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