Johannesburg - The Health and Allied Workers Indaba Trade Union (Haitu) has rejoiced after an attempt by the Department of Employment and Labour to place it under administration failed.
This comes after the union won at the Labour Court after the department failed in its bid to implement an order to place the trade union under administration.
The union said in a statement on Monday that it had been vindicated after the Labour Court rejected the department’s attempt to place it under administration.
On June 14, the Labour Court granted the department an order to place Haitu under administration. The department had applied for the union to be placed under administration for its failure to uphold its constitution as well as its alleged mismanagement of funds and election of eligible leadership.
This ruling was made by Judge Dephny Mahosi, who had appointed Gerhard Vosloo as the preferred administrator for the union.
However, the trade union subsequently filed papers for leave to appeal, which was granted by the court.
The union said it was waiting for the court date for the appeal to be heard.
“Ordinarily, the consequence of filing an appeal means that the order stays suspended pending the outcome of the appeal. However, the Department of Employment and Labour went to the Labour Court in an attempt to implement the order immediately, cleansing the outcome of the appeal process. We welcome this decision by the judge to dismiss this application, which was handed down on August 3, 2023,” Haitu general secretary Lerato Mthunzi said on Monday.
Mthunzi said Justice Andre van Niekerk was scathing in his assessment of the matter. She said the judge presented the matter in two stages, saying there needed to be exceptional circumstances on matters pending an outcome.
“In the judgment, Justice van Niekerk provided for a two-fold inquiry in that certain requirements must be met before an order appealed against can be put into operation pending the outcome of the appeal. This includes that exceptional circumstances must exist and that proof on a balance of probabilities must exist in that the particular applicant must suffer irreparable harm if the order is not put into operation,” Mthunzi said.
Mthunzi added that the trade union will continue its fight for the rights of health workers.
“Haitu will continue to focus on servicing members and defending them against brutal employers and will not be distracted by attempts to destroy the union.
“The Department of Employment and Labour wanted to de-register the union, but so far it has failed in its quest. We are not intimidated, and we will not be deterred from our goal to revolutionise the health-care sector,” Mthunzi said.
The Star made attempts to get comment from the Department of Employment and Labour regarding the matter but did not receive any by publication.
The Star