06 Aug 2014

The minister of Labour and Home Affairs, Mr Edwin Batshu says a trade union which represents at least one-third of employees of an organisation is free to apply for recognition as bargaining representative of the employees.


He told Parliament recently that the Trade Union and Employers Organisations Act allows this situation.
He said the Trainers and Allied Workers Union (TAWU) asked for recognition from the management of National Food Technology Research Centre (NFTRC) after organizing employees in March 2009, but was denied recognition because management said it did not meet the threshold provided by law.


He said after TAWU referred the matter to Industrial Court for relief, the Industrial Court directed the Commissioner of Labour to appoint a mediator to determine whether employees of NFTRC who are members of TAWU met the threshold of one third in terms of the law.


“The mediator heard the dispute and issued an Advisory Award in terms of Section 8 (5) (g) of the Trade Disputes Act on 2 April 2013. The mediator was satisfied that the employees of NFTRC met the threshold of one third as prescribed by the law.

He gave the employer seven days to comply with the award as directed by the Industrial Court. The management of NFTRC appealed the decision of mediator to the Industrial Court, and the case has still not been scheduled for hearing by the Court,” said the minister.


He said the law stipulates that if there was a dispute concerning whether a Trade Union represents at least one third of the employees of an employer, the Industrial Court my direct the assigned mediator to conduct a ballot to determine the dispute.


Mr Batshu said following ratification of the ILO conventions No. 87 and 98 on freedom of association, the right to organise and collective bargaining, labour laws were amended to incorporate the provisions of these conventions.


He was responding to a question from Kanye South MP Mr Abram Kesupile, who had wanted the minister to explain delays in concluding the matter on the unionisation by the staff of NFTRC to enjoy their association with TAWU. Ends