City wins Labour Court dispute with Cape firefighters over overtime pay

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Cape Town - The Labour Court has ruled in favour of the City in the matter relating to the current collective agreement with firefighters in its employ. The court ruled that the 24-hour shift agreement and standby allowance afforded to firefighters was valid and binding until such time as a new collective agreement was concluded by all parties involved. The court ruled that the conduct of those who refused to work in accordance with the 24-hour shift roster constituted an unprotected strike. City executive director for safety and security Richard Bosman said: “The City welcomes the judgment and hopes that it will put an end to the uncertainty that the SA Municipal Workers Union (Samwu) has tried to create over the past few months. “Their threats to withhold their labour had a negative impact on the ability of the Fire and Rescue Service to deliver on its mandate, and put our residents at risk unnecessarily.”

In October last year, firefighters affiliated with Samwu refused to work overtime as they were disputing the current pay structure.

The firefighters, who work 24-hour shifts, claim they are not being paid for overtime work and are unhappy with the existing deal.

Last year, the City and Samwu agreed to return to regular working hours while the matter was taken to the Labour Court this week.

Hundreds of firefighters employed by the City marched from Voortrekker Road to the Goodwood Fire Station last month to protest a refusal by the City to compensate them for overtime work. They handed over a memorandum demanding a proper pay structure. Mayoral committee member for safety and security JP Smith said: “The judgment is quite clear in respect of Samwu’s actions on this matter until now, and we hope the union will accept the feedback and return to the negotiations around a new collective agreement. They are the ones who have stalled the process, because what has been tabled to date is not to their liking. Samwu has also engaged in a process of misinformation in a bid to seek support and sympathy for its cause, but the court judgment has set the record straight and I encourage the public to familiarise themselves with it so that they may have the true facts at hand.”

Samwu Regional secretary Mike Khumalo said: “We are not happy with the judgment and it’s a cut and paste job for the City. We will take it on appeal. It does not solve anything.

“The current agreement has to be resolved with negotiations We will be appealing the judgment and we won’t stop with the protest action.”

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