FAWU Secures Relief Fund For Lobster Fishers

The Food and Allied Workers’ Union ( F.A..W.U.) has once again been victorious in advancing and championing the interests of the working class.

Following very challenging wage negotiations with Oceana Lobster, a division of Oceana Group, the 78- year old militant union has successfully used its influence to ensure that a cautious settlement agreement on revised wages and other substantive terms and conditions of employment was signed.

Our members are Oceana Lobster have gained a 7,5% per hour guaranteed  increase will be applied to all rates across -the board from the 1^st July 2019. Another major gain as able to make in the negotiations was that the company will continue the granting of a “supplementary off-season allowance” in favour of all seasonal workers. These workers will be credited with 18% of their gross earnings to supplement benefits available from the Unemployment Insurance Fund (UIF). The intention is for this fund, plus supplementary allowance to be used to assist such workers during the periods of the closed fishing seasons.

Amongst the things we pride ourselves over this victory is that this giant, powerful organisation successfully entered into an agreement for a “Relief Fund” , whereby both parties agreed that the company will consider a system of continuous income by ensuring that every seasonal employee will be paid at least 16 hours per week, during the inn-season period. We are pleased that after stormy years and a lengthy battle, we have finally won the “Relief Fund” which means no week shall pass by with no pay for our members and without being able to put food on the table, even though they are seasonal employees. Currently our members are earning R 46.80 per hour, this therefore means there is a guaranteed income of R 748.80 whether there is production or not.

This victory is a stepping stone and has emboldened us to continue to fight to improve conditions for all workers within the fishing industry. We call on workers not to repent, even amidst intimidation tactics by management, but to join this fighting union because when workers speak with a united voice their demands are achievable. As FAWU we will never desert or betray workers in the hands of the bosses, we shall continue to be their shield and spear at the point of production.

We also dedicate this sterling victory to our late beloved comrade Mthunzi Mhlakane, who sadly passed away in 2014 having started the negotiations for a “Relief Fund”. Wherever he is in the nooks and crannies of the universe, he joins his comrades in celebrating this ground-breaking victory for our members. Amandla!

Written by FAWU Fishing Sector Organiser Zolani Mbanjwa on 082 494 7940.

Contact FAWU Head Office and Provinces

CONTACT FAWU HEAD OFFICE(S)

·         Head Office (Cape Town)                              Tel: 021 637 9040

·         Satellite Head Office (Johannesburg)             Tel: 011 333 2050        (rachel.mkholwa@fawu.org.za)

CONTACT FAWU PROVINCIAL OFFICES

Eastern Cape

Tel 043 726 3028                              Email alicia.melitafa@fawu.org.za

Free State/N. Cape

Tel: 051 448 4108                            E-mail ellen.maema@fawu.org.za

Gauteng

Tel: 011 333 2050                            E- mail nonzophi.kente@fawu.org.za

Kwa-Zulu Natal

Tel: 031 305 8946/7                         E-mail sindi.cele@fawu.org.za

Limpopo

Tel: 015 297 3532                            E-mail linah.molokomme@fawu.org.za

Mpumalanga

Tel: 013 690 1576                            E-mail eunice.mokoo@fawu.org.za

Western Cape

Tel: 021 637 9040                            E-mail merle.mkhonto@fawu.org.za

FAWU Members Often Ask What Is An Unfair Dismissal?

An unfair dismissal normally happens due to the following reasons:

1.     When the employer believes an employee has acted against the company’s policies (misconduct);

2.     When the employer claims that the employee is unable to perform his duties  (incapacity);

3.     When the employer has to lay-off employees due to operational requirements e.g. restructuring (retrenchments).

There are two categories of unfair dismissals:

• ·        Substantively unfair dismissals
• ·        Procedurally unfair dismissals

In the case of a substantive unfair dismissal, the employer must prove that there were valid grounds for the dismissal.

In the case of a procedurally unfair dismissal, the employer did not follow the proper prescribed procedures before the dismissal.

(Note that an unfair dismissal can be either substantive or procedural or even  both in some cases.)

Automatic Unfair Dismissal

In certain cases, one finds an automatic unfair dismissal where the latter is based on unfair labour practices which are specifically prohibited in the Labour Relations Act. Some examples of these are:

·        If a worker participates in a legal strike or attend to union affairs;

·        termination of employment because of pregnancy;

·        refusal to allow workers to belong to a trade union (organisational rights);

·        not renewing a fixed- term contract where the expectation was created that the contract would in fact be renewed;

Refer Your Case In Time!

The CCMA (Commission for Conciliation, Mediation and Arbitration) provides a time- frame of thirty days for dismissed employees to report the case to them.

When Referring A Case After The Deadline

If the deadline is missed, a CCMA form (condonation) must be filled in which  provides a reason for the late referral.

What Happens if the CCMA Finds An Employee Unfairly Dismissed

In cases of unfair dismissal where the CCMA managed to resolve the dispute, the affected employee can expect to be either a) reinstated or (b) given a similar job with the same wages as before or (c) the parties can decide on monetary compensation.

If the union and the employer cannot come to a mutual agreement through the CCMA process, the latter will issue an award and the matter is usually referred to the Labour Court by either the union (on behalf of the employee) or the employer.