Disgruntled employees lock in 20 trucks
MBABANE – On Monday, disgruntled employees of Parsons Swaziland (Pty) Ltd locked in about 20 trucks carrying food products.
The employees were engaged in a strike action over the alleged termination of the services of their colleagues, Samkeliso Mdziniso and Mlandvo Nxumalo. This was despite that Parsons Swaziland had denied that the services of the two had been terminated.
The employees also complained about an issue involving a colleague, Freddy Ntshingila, who was killed in neighbouring South Africa. They demanded that his family should be compensated.
The workers are said to have locked the gates at Parsons Swaziland’s base at Ngwenya on Monday. Parsons Swaziland yesterday obtained an order declaring the locking of the gates invalid and of no force and effect. The Industrial Court also declared the strike unlawful.
The Swaziland Transport Communication and Allied Workers Union and the cited employees were interdicted from continuing with the work stoppage or strike action at the company base.
The orders, which operate on an interim basis, were issued by Acting Judge Banele Ngcamphalala. Parsons Swaziland was represented by Hasso Magagula of Dynasty Inc Attorneys. The matter was postponed to next Monday.
Parsons Swaziland Industrial Relations Officer Hendrik Stander Bosch of Pretoria, said 20 or more trucks could not leave because the main gate had been locked.
The trucks, according to Bosch, were carrying perishable goods, such as maize, grain and food for customers both in Eswatini and South Africa.
Exposed
Bosch said the goods were exposed to harsh weather conditions and the tarpaulin on the trucks could not withstand constant rain. He told the court that the tarpaulin on some of the trucks was leaking, thereby contaminating the goods, which would become spoilt and unfit for human consumption.
Bosch stated that they faced possible lawsuits for the delay in the delivery of the products to customers at the agreed time and date, and the condition of the items being transported. The union has been cited as the first respondent, as well as the employees who were among the ring leaders of the strike action; Mndziniso, Nxumalo and Alex Mkhwanazi.
Other respondents are the national commissioner of police (NATCOM), attorney general and other employees of the company who are participating in the strike. Bosch said the purpose of the court application was to declare the work stoppage, work-to-rule or strike action to be not in accordance with provisions of the Industrial Relations Act of 1980 as amended. He told the court that the respondents did not follow any provision of the Industrial Relations Act before embarking on the strike.
According to Bosch, the union, as well as Mdziniso, Nxumalo and Mkhwanazi were a law unto themselves by engaging in an allegedly unprotected strike.
The industrial relations officer informed the court that the company had always dealt with the Secretary General (SG) of the union, Sticks Nkambule.
The veracity of these allegations is still to be tested and the respondents are yet to file their answering papers.
Bosch submitted that in September 2022, Parsons Swaziland received a petition from the union. The employees, according to Bosch, were complaining about what they viewed as the unlawful termination of the services of Mdziniso and Nxumalo. He said while that issue was being dealt with, the union raised the issue of the late Ntshingila and demanded that his family should be compensated.
On September 13, 2022, said Bosch, he held a virtual meeting with Nkambule. He said during the meeting, it was stated categorically clear that the services of Mdziniso and Nxumalo had not been terminated and that they should return to work immediately. Bosch submitted that not only were the two employees advised to return to work, Ntshingila’s family was paid a certain amount of money.
Agreed
The industrial relations officer also told the court that the parties agreed to continue engaging on other issues and the next meeting was to be held on October 15, 2022. He submitted that while the return of the employees who claimed to have been dismissed was being dealt with, Mkhwanazi was arrested in the Republic of South Africa. He informed the court that Parsons Swaziland was dealing with that issue with a prosecutor in the neighbouring country.
On October 10, 2022, according to
Bosch, the company received a letter from the union raising the same issues of the alleged termination of the services of Mdziniso and Nxumalo, as well as the compensation of the Ntshingila family. The letter, according to Bosch, stated that the employees intended to take industrial action. Bosch said they were surprised at the correspondence because they thought the issues had been resolved ‘and Mr Sticks Nkambule was contacted to advise him that his letter was misplaced’, and the issue seemed to have died down.
Affected
On Monday, said Bosch, without notice, Mdziniso and Nxumalo allegedly proceeded to the company base at Ngwenya, whereat they locked the main gate with a padlock. He said this affected the flow of traffic to the bay and about 20 trucks inside the bay, which were carrying maize, grains and other food products for clients and customers, were locked in.
“Applicant was taken aback by the conduct of the second to forth respondents as no due process of law was followed and also at the same time, that the applicant had always been in discussion with the first respondent’s secretary general on all the issues, including that the second to the fourth respondents’ services had not been terminated,” said Bosch.
He informed the court that following the closure of the main gate, other employees also participated in the industrial action and started singing outside the gate and the company immediately called the police. The police, according to Bosch, said their hands were tied since there was no court order declaring the conduct of the employees unlawful. Bosch said the company wrote to Nkambule and advised him about the conduct of the employees.