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MANZINI - The Swaziland Transport, Communication and Allied Workers Union (SWATCAWU) is accusing SSL of illegally terminating some of its workers’ contracts.

The union relayed this to Southern Star Logistics (SSL) through a letter which was intercepted by this publication yesterday. In the letter, which is dated August 3, 2022 and signed by SWATCAWU Secretary General (SG) Sticks Nkambule, the union said it had been advised by their members that the company was issuing letters of termination of their contracts on the basis of retrenchment. The union said it was further informed that the company was allegedly simultaneously offering them employment for same positions, but under new terms and conditions. It said these offers were allegedly made verbally and not included in the letters.

Downsize

Thereafter, it argued that the company was due to appear before the labour commissioner tomorrow, Friday August 5, 2022 at 9am, to deliberate on its intention to retrench or downsize.

Therefore, the union said issuing retrenchment letters to its members while the matter was pending before the labour commissioner was an act of harassment and intimidation, which was meant to silence the workers, undermine recognition agreement and the office of the labour commissioner. “We demand your immediate withdrawal of these illegal terminations, failing which the union will use all available means to protect the workers,” reads part of the letter. One of the alleged notices of retrenchment which the company purportedly issued to some of its workers recently was leaked to this publication. It said reference was made to the general manager’s brief to all employees which took place on June 27, 2022, which was about the notion of retrenchment served on SWATCAWU’s secretary general on June 20, 2002 and the recently concluded consultations with the union pertaining to the above. “This serves to notify you that, having made all efforts to avoid the contemplated retrenchment as communicated, the company has finally reached a resolution to implement your retrenchment. Your position will therefore become redundant effective August 31, 2022,” reads part of the notice.

Compliance

It further said in compliance with Section 40 of the Employment Act, as read together with the Industrial Relation (IR) Code of Good Practice on Termination of Employment, the effective last day of work would be the date when approval from the labour commissioner to process the retrenchment was issued, which would be notified. It said it was envisaged that this date would not be later than August 31, 2022.

“You will be paid in lieu of notice for the days from your last day of work up to August 31, 2022, should approval be received before said date (August 21, 2022),” the company said in the notice.

Thereafter, the company said it would arrange financial management/entrepreneur training to assist them manage their terminal benefits on a date to be advised.

Regarding payment of terminal benefits, it said they would be paid as per the computation and subject to receipt of a tax directive from the Eswatini Revenue Service (ERS), approving such payment, submission of an exit medical report and handover of all company equipment by the workers.

The SWATCAWU SG, Sticks Nkambule, asked not to comment about the matter because it was still being discussed by the relevant stakeholders. However, he confirmed that yesterday they wrote the aforementioned letter.

On the same note, SSL Human Resources Manager Thabani Gina said she would not comment about issues which were still on the table. Likewise, the Labour Commissioner, Mthunzi Shabangu, said issues which were discussed in his office were confidential between the parties involved, thus he could not discuss them with the media.