The ruling comes after the Communication Workers Union (CWU) sought an interdict against Telkom to prevent the company from completing the Section 189, or retrenchment, phase of the company’s restructuring of its corporate office.
The judgment states: “The overall objective of fair consultation has been achieved, despite the CWU’s best efforts to scupper this. In the end, it is the conduct of CWU itself that stands in the way of it claiming procedural unfairness.”
When the ruling was made, the court described the union as confrontational and obstructionist. The court also noted that CWU withheld key facts from its founding affidavit.
Telkom Managing Executive for Communication Jacqui O'Sullivan said throughout all their consultations with organised labour, Telkom has sought to engage in a fair, transparent and meaningful manner.
“We negotiate in good faith and are pleased that [Tuesday’s] judgment recognises that our adherence to and respect for due process, was not in vain,” she said.
Telkom said during the period of 8 March until 19 July, it had attempted to consult with the CWU on 15 different occasions.
“Telkom even sought to supplement consultations outside of the formal facilitated process to ensure that all issues were addressed. Despite these many attempts, the judgment notes that the union maintained an intransigent position, insisting that all processes be halted and wages be negotiated,” Telkom said.
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