Numsa to appeal Labour Court decision on BMW workers

At least 500 workers at BMW’s Rosslyn plant in Pretoria are facing dismissal after downing tools amid allegations of medical aid fraud at the company.

The Labour Court earlier dismissed an application to halt the sackings. 

Numsa spokesperson Phakamile Hlubi-Majola says the union will fight for workers’ reinstatement. 

"Despite BMW’s unreasonable and persistent refusal to provide Numsa with the most basic information for purposes of enabling Numsa to make representations on behalf of the affected workers, it did provide all the required information in its court papers opposing Numsa’s urgent application.  

"Thereby, BMW effectively conceded not only that its conduct was grossly unfair but also that Numsa was entirely justified in having approached the Labour Court for urgent relief. The Labour Court seemingly missed this reality and proceeded, rather inconceivably, to dismiss NUMSA’s application with costs.”

Hlubi-Majola said the union’s efforts to defend its members and demand fairness and due process do not equate to condoning criminal behaviour.

"Everyone is presumed innocent until proven guilty and this is a basic principle in law which is applicable in all circumstances, including in cases of alleged misconduct in the workplace. It is the work of trade unions to defend workers and ensure that their rights are not violated. 

"Numsa’s court application had a positive result in that BMW was compelled to provide essential information which allows it to defend its affected members in the ongoing disciplinary proceeding. The Labour Court’s judgment cannot go unchallenged in that it contains fundamental errors, and it is setting a most unfortunate precedent, giving employers a free hand to act in the most procedurally unfair manner imaginable.”

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