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Firefighters in Pietermaritzburg have been ordered by the Durban Labour Court to return to work in accordance with their shift rosters because their field of work is considered an essential service.
The court ruled this week that industrial action by the Independent Municipal and Allied Trade Union, the South African Municipal Workers Union, and 93 other employees was unprotected.
In an affidavit, Msunduzi Municipality’s chief fire officer, William Paton, said the dispute was over a clause in the “collective agreement” concluded by the two unions and the KwaZulu-Natal Local Government Association.
Among other things, the agreement regulated the working hours of all local government employees. The clause said emergency personnel had to work a 45-hour week, but the firefighters used to have on average a 42-hour week, comprising 40 ordinary hours and two overtime hours.
Longer hours
When the municipality implemented the agreement in January, it meant employees had to work longer hours without being paid for the extra time, which they refused to do.
They also refused to work according to the shift roster.
Paton said the lives of residents and their property were left at “grave risk” because of the firefighters’ actions.
He said grass fires were common at this time of year, and this posed a danger to formal and informal settlements and to business developments.
“In addition, the municipality is responsible for attending to emergencies, including fire and road accidents on the N3, and it is of critical importance that there are sufficient resources available to meet any emergency which arises.”
Paton added that the strike was also costing the municipality a lot of money as it had to employ private service providers to assist.
Last month, Paton arranged for Indisa Airport Management to provide firefighting services at the airport.
Indisa had to ensure the airport remained operational and in compliance with airport emergency requirements.
Failure to have done so would have resulted in the airport being shut down and the municipality being held liable for any damages arising from the closure. – The Mercury
