The National Union of Metalworkers of SA (Numsa) has accused its suspended Western Cape regional secretary of going behind its back to obtain an order against the union in an alleged irregular manner.
This is after the CCMA ruled on Monday that the union had to reinstate Vuyo Lufele, and that the precautionary suspension against him was invalid and unfair.
CCMA Commissioner, Jacques Buitendag, also ruled that Lufele had to report for duty on July 3. According to the award, Lufele sought relief at the CCMA after being suspended in September for raising concerns about the National Manufacturing Workers’ Investment Trust.
In a letter seen by the ‘Cape Times’, signed by Numsa general-secretary Irvin Jim to Lufele, the union has now demanded that he consent to a rescission of the arbitration award, and that the matter be enrolled with notice to Numsa for the parties to present.
“Should you fail to provide us with your consent to the rescission of the arbitration award, by close of business Friday 30 June 2023, we shall in the application for rescission seek an appropriate order as to costs against yourself.”
The letter also read that Lufele must not report for duty on July 3, as he remained suspended pending the determination of the rescission application.
Lufele said he would respond to the Cape Times requests for comment in due course.
Numsa spokesperson, Phakamile Hlubi-Majola, shared with the Cape Times a protected disclosure arbitration dated June 7, where it was ruled that the CCMA had no jurisdiction to arbitrate the dispute as it was set out in a referral, the matter was dismissed.
Hlubi-Majola said Lufele lodged various referrals with the CCMA including a referral on unfair labour practice in relation to his suspension, and all of the referrals were consolidated into one matter.
She said Lufele signed a pre-arbitration agreement to consolidate them so that they would all be heard and dealt with at the same time, and this was done at the CCMA offices in Gauteng.
“It was dishonest of Mr Lufele to then proceed to lodge a ‘backdoor’ referral for unfair labour practice at the CCMA offices in Cape Town, which was held in June 2023, after he signed the agreement.
“He intentionally misled the commissioner, knowing full well that this matter had been consolidated already in a separate case and a date to hear it was to be communicated by the CCMA. This is why Numsa did not participate in that arbitration as the union was part of an agreement with him that the matters had been consolidated,” said Hlubi-Majola.
Cape Times