FAWU FINDS PILCHARD RECALL A THREAT TO JOB SECURITY

Media Statement: 28 February 2020

FAWU FINDS PILCHARDS RECALL A POTENTIAL THREAT TO JOB SECURITY

The Food and Allied Workers’ Union ( F.A.W.U.) is  disturbed over the recall of several brands  and batches of pilchards that were sold to customers over the last few months, especially since we represent members at fish processors; Lucky Star Operations, West Point Processors, Oranje Vis, Amawandle Pelagic and the issue could have a detrimental effect on the sales of pilchards. At the same time, we commend West Point Processors for acting swiftly as soon as the defect came to light.

While we understand that West Point Processors is doing everything they can in terms of reimbursing suspected batches and reassuring customers of the safety of the product, we demand to know what has led to this canning deficiency so that a similar situation can be prevented in future.

FAWU hopes that our members will not ultimately suffer under the burden of financial losses due this sudden recall as a long- term blanket ban on the product could affect the job security of our members negatively.

We would like to encourage fish processors to sort the issue out with urgency as millions of poor South Africans rely on pilchards as a healthy and affordable source of nutrition.

For more information please call the Deputy General Secretary, Mngomezulu Mayoyo on 082 440 4039 or the Fishing Sector Co-ordinator Zolani Mbanjwa on 082 494 7940.

Released by FAWU media liaison officer , Dominique Martin 082 498 5631.

FAWU To March In Support of Neil Aggett Inquest

Media Statement : 4 February, 2020

F.A.W.U. MARCHES IN SUPPORT OF NEIL AGGETT INQUEST

Hundreds of members of the Food and Allied Workers Union (F.A.W.U.) will stage a march on Wednesday, 5 February 2020 outside the South Gauteng High Court in support of the inquest into the tragic death of Dr. Neil Aggett underway at the South Gauteng High Court in Johannesburg.  The march will take place on the exact day 38 years ago, that the union leader and activist was found dead in his cell.

FAWU, along with other activists have long supported the campaign demanding that the inquest be re-opened and now that it finally has, we demand that those responsible for his untimely and devastating death must be brought to book. Many questions needs to be answered around the suspect circumstances of his death and it is  time to dig deep and get to the truth so that the history books can be re-written on the true reasons and details surrounding the death of Dr. Neil Aggett .

FAWU and SAFTU Leaders will hand over a memorandum to the Johannesburg Central Police Station and thereafter proceed to the South Gauteng High Court where the re-opened inquest is currently being heard.

Marchers will start at Cnr. Of Kruis & Helen Joseph Streets at 10pm, while the handover of the memorandum will take place at 11h30 and then the activities will culminate in a demonstration outside the Court at about 12h30.

Enquiries: Vuka Chonco, Gauteng Provincial Secretary on 082 499 5854. Alternatively call Dominique Martin on 082 498 5631

National Leadership Of Food and Allied Workers' Union (FAWU) 2020

NOTE: As per the FAWU Constitution, vacant positions  are  elected during FAWU's National Conference every four (4) years. The last National Conference was held in 2016 which means 2020 is a Conference year.

National President:            Attwell Nazo

1st Deputy President:        Vacant

2nd Deputy President :      Linda Gqokoma

National Treasurer:            Mark Oliver

General Secretary:             Vacant

Deputy General Secretary: Mngomezulu Mayoyo

FAWU Statement on Neil Aggett Inqust Review Trial

FAWU STATEMENT ON THE START OF INQUEST REVIEW TRIAL OF NEIL AGGETT DEATH

20 January 2020

The Food and Allied Workers’ Union welcomes the long-awaited inquest trial review that started today in the South Gauteng High Court in Johannesburg on Dr. Neil Aggett’s untimely death on 5 February 1982 in his cell during detention in the John Voster Square.    Dr. Aggett was a passionate trade unionist and anti-apartheid activist who organised many workers into the African Food and Canning Workers’ Union (now FAWU) during South Africa's apartheid era.

Along with his family, friends and fellow activists we remain hopeful that we will get answers to some of the burning questions as to what exactly transpired on the day that he passed away.

Reviewing the initial outcomes of similar investigations referred by the Truth and Reconciliation Commission many years ago, is crucial for affected families to find closure, especially in cases where the initial findings were inconclusive or simply unconvincing. Many of those who knew Dr. Aggett outright defied the outcome of his initial inquest that he had committed suicide, and suspected foul play by the then security forces. Many anti-apartheid activists in detention at the same time, reported that detainees were routinely and relentlessly tortured at the John Vorster Square police station. Like many others, FAWU (Food and Canning Workers’ Union) also held on to the belief that apartheid security police was responsible for his untimely passing.

We will watch the trial, precided over by Judge Motsamai Makume, closely over the next few weeks in the hope to get some answers to questions that have been haunting us for decades. We strongly believe that there will be vindication for our beliefs that he was tortured to death by the apartheid security police.

Last year, family, friends and activists of victims gained renewed fervour that similar cases would be reviewed in light of the outcome of the Ahmed Timol investigation, in which the initial ruling was overturned. It is indeed sad that so many years have been wasted during which key witnesses has since passed on before these actions were finally announced.

Released by FAWU Media Desk -Dominique Martin at 082 498 5631. Please call Deputy General Secretary, Mngomezulu Mayoyo, on 082 440 4039 for further enquiries.

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.