The arbitration in respect of the outstanding Long Service Awards was supposed to commence on Thursday, 14 November 2019, at the CCMA.
The SABC came to the arbitration with no intention to have the matter heard and finalised, but instead raised invalid and senseless preliminary points to prevent the arbitration to start.
Well knowing that not a single employee received long service awards, the SABC raised a point that they did not receive a list of applicants who did not receive their Long Service Awards. This, despite the dispute being served on the SABC on 16 July 2019 and the SABC having had ample opportunity to request the list from us.
The SABC also raised a jurisdictional point, where they argued that the dispute was never conciliated by the CCMA and on the basis of a decided constitutional court case, which the SABC completely misunderstood – in our view deliberately so – argued that the CCMA does not have jurisdiction to arbitrate the dispute.
The CCMA had to postpone the matter in order to rule on the points raised by the SABC and will do so within seven (7) days.
We requested that an expedited date be allocated for our dispute for it to still be heard this year.
We have no doubt that the SABC simply came to the arbitration to “kick for touch”, in other words simply to delay and frustrate the arbitration process. We have no doubt that the CCMA will dismiss the preliminary points raised by the SABC and that the matter will be setdown soon for arbitration.
The only way that the SABC would be able to avoid yet another ruling against it, would be to on a expedited basis comply with the policy in respect of Long Service Award and provide members with what is legally and rightfully due to them.
The dispute is before the CCMA as a result of the empty promises made by the SABC’s Human Resources department as far back as May 2019.
Please ensure your name is on the list of applicants by completing the attached form.