«

»

Dub
12

[33] With respect to the first requirement, SASBO aims for „parity in treatment.“ SASBO requires that these conditions apply to the extent that the SBV has entered into a collective agreement with MTWU on salary increases on terms more advantageous than the terms of the contract with MTWU. SASBO is indeed asking for higher salaries for its members. The request is made in spite of the parties` collective agreement, which regulates minimum wages and wage increases. [40] SASBO submitted that the SBV`s right to a summary right of implementation in this matter was not related to the agreement, to the extent that the agreement was preconditions, that the agreement contained all the provisions agreed to by the parties and that the parties waived their right to invoke an alleged provision that was not expressly included in the agreement , SBV`s right to a summary right to implement this issue. This is a fair proposition. We here again declare a dispute within the meaning of Clause 7 of the recognition agreement between the parties, which is related to the wage negotiations of the 2018-2019 review period and following a failed attempt by the parties to reach agreement on this issue. 7.3 By mutual agreement, the party may agree to shorten or extend any period or to omit a stage covered in point 7. [7] On September 28, 2017, the SBV and MTWU entered into a one-year collective agreement (mtwu) that came into effect from October 1 to September 30, 2018. The agreement signed on 24 June is the result of a difficult and highly contested struggle for the recruitment and representation of workers at Capitec, South Africa`s rapidly growing retail bank. This means that the union will be able to guarantee the rights of collective agreements on issues such as working conditions and remuneration. “ (3) Subject to a collective agreement, no person may participate in a strike, lockout or conduct in view of or promoting a strike or lockout – [41] I agree with SASBO that without such an agreement and an explicit mechanism to resolve this problem, the only mechanism available would be to resort to a proverbial power play. Therefore, the strike planned to support the second application should be declared protected. „We are proud of the role UNI Africa has played in supporting Sasbo in its unwavering recognition campaign with Capitech.

Despite the long and difficult journey, Sasbo never gave up and his victory is deserved. [34] The objective is to resurrect an issue already settled by the collective agreement that the parties entered into during the duration of that contract.