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The National Union of Metal Workers of South Africa (Numsa) announced on Friday that it would approach the Labour Court in Durban to challenge Toyota's interdict against the union's industrial action at the car maker's operations.
On Wednesday Labour Court Judge Sean Snyman granted an interdict against a strike at Toyota SA. Industrial action started this week on Monday, before the company said that it would seek an interdict stopping the strike from continuing.
However, Numsa maintained that the strike was legal and above board from the beginning. The union went as far as challenging Snyman's neutrality in this and other labour related cases involving Numsa.
"He is also a founding member of Labournet, a commercial brokering operation headed by him, and which provides services to employers. Acting Judge Sean Snyman has often been hired by employers to represent their interests, against Numsa," the union said in a statement.
The statement said Numsa intends to question the Labour Court Judge President Basheer Waglay on why Snyman continues to receive appointments in that court.
"It seems to us that there is a definite conflict of interest. We are also not convinced that the judge considered all the material factors when making the decision. Numsa will continue its commitment to the furthering of workers’ interest not only in the workplace of Toyota, but in the wider context of workers’ rights in SA," the statement said.
Numsa said union leaders met with workers to ensure they returned to duty while they finalised their challenge of the interdict to ensure that the strike is found to be consistent with the law.
"We met with our members today and we explained what the court outcome means. We have also tried to persuade them to return to work so that we can adhere to the findings of the court. As far as we are concerned this battle is far from over. We will do all we can to challenge this decision," the statement said.
Numsa urged members to allow the union to continue to discuss the matter with employers and the court until the challenge to the decision is finalised.
"We urge our members to exercise militant discipline by returning to work so that we can fight to get them the best outcome possible. We are grateful for the dedication and commitment they have shown to this struggle," the statement concluded.
The union accuses the car maker of failing to measure up to transformation and broad based black economic empowerment targets.
