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BL Premium reports that in a judgment that could encourage more workers to join small and less formalised labour organisations, the Labour Court has ordered the registration of Simunye Workers Forum (SWF).
The recent ruling by Judge Andre van Niekerk means SWF, which represents some 6,000 casual workers, can now formally negotiate wages, handle disputes and appear before the CCMA. The judgment overturned a decision by the registrar of trade unions, Lehlohonolo Molefe, who refused to register the forum as a trade union on the grounds that it did not meet the requirements of the Labour Relations Act. The forum was formed in 2015 with the help of the nonprofit Casual Workers Advice Office. It applied for registration in 2020 but was rejected by the registrar. The judge noted that SWF had a “unique” organisational model that aimed to keep the decision-making power in the hands of its members and avoid any personal financial interest. He said the registrar was wrong to question the SWF independence from CWAO or its legitimacy as a trade union. “I think the judge is correct… We are trying to open up the labour market and deregulate it as much as possible, but unfortunately, the labour department is pulling the other way and trying to regulate it as much as possible,” labour lawyer and DA MP Michael Bagraim noted. Labour consultant Tony Healy said it did appear there was evidence of pockets of frustration among workers who were becoming disenchanted with the established, traditional unions, insofar as they felt their needs were not being met because there was a greater focus on socioeconomic and political union agendas. He added that the judgment could potentially result in “more applications of this nature being made to the registrar”.
- Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
Get other news reports at the SA Labour News home page