Solidarity takes on Eskom over employment equity plan

Johannesburg – Trade union Solidarity is opposing an Employment Equity Plan (EEP) by Eskom for the years 2017 to 2020 on the grounds that it was unlawfully approved.

The matter was heard at the Labour Court in Braamfontein on Friday. According to the affidavit filed by Solidarity, the EEP approved by acting CEO of Eskom, Matshela Koko on May 5, 2017 is unlawful as the power utility did not take the correct procedure to adopt the plan.

Solidarity explained that Eskom had not consulted with trade unions on the equity targets set. “Eskom did not engage the representatives of Solidarity or the other unions or stakeholders regarding the workplace analysis, the adoption of a rational benchmark, the numerical goals or the time period of the successive plan,” the affidavit read.

Solidarity argued that Eskom failed to consult with employee representatives, nor did it attempt to consult at a national level and within assigned structures. The trade union explained that such consultations are to take place six months before the expiration of the previous plan, which did not happen.

As the requirements for consultation did not happen, the new EEP cannot be adopted and must be set aside, Solidarity explained. Further the trade union did not agree to setting targets in the absence of consultation. “[The] numerical goals and targets are regarded as irrational, arbitrary and capricious.”

Solidarity added that any appointments made in pursuit of these targets would be unfair as the targets are set out in an “unlawfully adopted plan”. This was of particular concern to Solidarity because the union was informed through a letter from Eskom that it wanted to achieve a workforce reflective of the demographics of South Africa’s economically active population.

101 vacancies

Further, in April Eskom had advertised 101 vacancies on its website. Solidarity was concerned that appointments would be made in respect of what it views as an unlawful EEP.

In an answering affidavit from Eskom, Cynthia Khumalo the assigned manager for employment equity said that the power utility did not act wrongfully. “I deny Eskom has failed to consult with the recognised labour unions required by the EEA [Employment Equity Act].” She added that the EEP was not unlawful.

Khumalo showed that the power utility had circulated a draft of the EEP among the trade unions, which include the National Union of Mineworkers and the National Union of Metal Workers of South Africa, for their input on March 17, 2017.

Eskom arranged a consultation with trade unions on 22 to 24 March, this meeting did not take place as trade unions failed to attend, the affidavit read.

A reflection meeting was scheduled on March 30, which unions failed to attend again. “As Solidarity did not accept the invitation, it, with knowledge of its right, waived the right to further consultations,” she explained in the affidavit.

“I also deny that Eskom has not taken reasonable steps to consult or attempt to reach an agreement on the EEP,” said Khumalo.

Judgment has been reserved.