Wrong court, says judge

The urgent application brought by the National Union of Metalworkers of South Africa (Numsa) and the South African Cabin Crew Association (Sacca) to have the South African Airways (SAA) settlement agreement declared unlawful or unfair has been dismissed by the Labour Court.

Judge André van Niekerk’s decision has dealt a blow to Numsa and Sacca’s bid to compel the SAA business rescue practitioners and the department of public enterprises to pay their members a lump sum comprising an agreed to 5.9% increase backdated to April last year, as well as an equivalent pro-rata contribution towards a 13th cheque.

Four other unions at the airline accepted this settlement, but Numsa and Sacca declined in December.

They argued in court last month that their members are entitled to the same payments made to members of the other four unions – but that their members should not be forced to waive their rights in terms of the balance of salaries owed.

The airline, under business rescue since December 2019, was granted a R10.5 billion government bailout, R1.3 billion of which it received last month, but claims it cannot afford to pay its workers the full amounts it owes them.

The unions are still studying the judgment.

Van Niekerk noted “SAA does not dispute that those employees who have not accepted the settlement offer ... remain entitled to claim their outstanding remuneration in full, and that their right to do so has not been prejudiced or otherwise affected by the settlement agreement”.

He said the unions’ application does not fall within the Labour Court’s jurisdiction and should rather be heard at the High Court.

“... this court has no jurisdiction to consider the lawfulness of the actions of the business rescue practitioners, only because they have not taken these actions as an employer.”