BL Premium reports that the two biggest unions at SA Airways (SAA) are seeking legal advice after their urgent application over wages was thrown out of court this week.  

Labour Court judge André van Niekerk dismissed with costs an application by the National Union of Metalworkers of SA (Numsa) and the SA Cabin Crew Association (Sacca) to declare as unlawful and unfair the decision by the airline’s business rescue practitioners (BRPs) to withhold workers’ wages.  The unions wanted SAA to pay its members three months’ arrear remuneration, a 13th cheque, and a lump sum in respect of a 5.9% wage increase signed in November 2019 within seven days.  The unions argued in their application that SAA acted unlawfully by contravening sections of both the Basic Conditions of Employment Act (BCEA) and the Companies Act.  SAA has been in business rescue since December 2019.  In his judgment on Monday, Van Niekerk said a company in business rescue was protected by law against legal proceedings.  He noted that 3,599 employees out of a total of 4,597 had accepted the settlement offer of three months’ salary, arrear back pay of a 5.9% increase as a lump sum, and a bonus payment for the 13th cheque in full and final settlement.  “There is nothing improper or unlawful about any agreement to compromise a claim for remuneration ... For all these reasons, the application stands to be dismissed,” the judge ruled.  

• Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (paywall access only)
• Read too, SAA: Numsa and Sacca backpay application dismissed, at Moneyweb <https://www.moneyweb.co.za/news/companies-and-deals/saa-numsa-and-sacca-backpay-application-dismissed/>

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