Disgruntled city staff set to sue bosses

No salary increase or service bonuses and discrimination at core of the dispute

ALMOST 1 000 disgruntled senior-ranking City of Joburg workers are set to take costly legal action against the council over a number of labour disputes.

The 950 employees include toplevel officials involved in the core administration of the city, among them senior managers, directors and deputy directors.

It started when some members of the group, who were previously permanent staff, were converted to fiveyear contract workers in 2004. Some indicated they were pressured into signing the agreement.

After the change, most of their contracts were renewed but in 2012, the council decided to do away with the contracts and return the staff to permanent status.

Conditions were attached, among them that employees who were being paid more than what their salary band dictated for that position would not receive increases until the band caught up with them. They would also no longer receive performance or service bonuses.

The workers say this is unfair labour practice and discrimination because many of their counterparts, who have always been permanent, received service bonuses and increases even when they were being paid above the salary band.

Attorneys representing the ex-contractors have tried more than once to meet the council in a bid to resolve the dispute or fast-track its resolution but this has not happened.

The three issues at different stages of litigation are:

Salary increases: The employees claim the city, behind their backs, applied for and was granted an exemption to increase the salaries of the affected employees. The bargaining group is challenging this decision.

Service bonuses: The Commission for Conciliation, Mediation and Arbitration set up the arbitration but both parties agreed to postpone the matter because they needed more time to prepare. They also agreed to get mandates on expediting the dispute. However, the city has since come back saying it is prepared to fight the employees.

Unfair discrimination as a group: The employees believe that the city’s decision discriminates against them. This issue is before the Labour Court.

“How can they expect us to move backwards in our lives?” asked one of the employees, who did not want to be named.

“We have financial commitments. I know many people who are giving up their homes and cars now. People want to progress, not regress in terms of their careers.

“This goes against any labour laws and that is why we intend pursuing it.”

Another said senior staff were demotivated.

“We are involved in core issues around the city, including service delivery issues. This attitude towards us does not motivate us to work harder to achieve things.”

Responding, the city said the disgruntled employees numbered 626 and not 957.

“The dispute originates from a settlement agreement reached with organised labour about the conversion of former fixed-term contract employees to permanent status,” said city spokesman Nthatisi Modingoane.

“The applicable conditions and principles of the conversion process, as stipulated in the settlement agreement, were done in full consultation with labour,” he said.

“The city is currently defending the applicable action instituted by the relevant employees.”

How can they expect us to move backwards? We have commitments