The Information Communication Technology Union (ICTU) has filed an urgent application at the Johannesburg Labour Court to stop embattled Cell C from carrying out processes that could lead to the retrenchment of workers.
Cell C is facing off with the ICTU at the Commission for Conciliation, Mediation, and Arbitration (CCMA) regarding retrenchments.
The ICTU, which is an affiliate of the South African Federation of Trade Unions led by Zwelinzima Vavi, is the sole worker representative at Cell C.
TechFinancials is reliably informed that ICTU filed the papers at the court yesterday.
However, sources close to the matter say the urgent application has been scheduled to be heard next week Thursday.
In its interdict application, the ICTU asks the court to stop Cell C from conducting “a parallel process of restructuring” in the workplace before CCMA finalises related matters.
A source said while the parallel process is not part of the CCMA deliberations it was still of major concern.
Union members and general workers at Cell C are said to be panicking as they are not sure which process they should participate in.
The ICTU wants the court to block Cell C from implementing any restructuring process involving workers affected by the contemplated section 189 retrenchment process.
The union also wants Cell C to be stopped from further planning or working on any plans that are “not officially disclosed to unions and workers involved in the CCMA process”.
Lastly, the ICTU wants the court to block Cell C from any future use of approved plans, models, structures, and new vehicles or companies or outsourced partners that were never disclosed and discussed at CCMA.
The union says the existence of the two parallel processes “is not in the public interest or interest of justice and threatens the constitutional rights of employees”.
Meanwhile, the ICTU has also lodged an application requesting Cell C to disclose documents related to all contractual service agreements for workers earmarked for retrenchments.
The union also wants a list of outsourced services, cost-plus audited financial statements, and a skills audit report. – [email protected]