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- The National Union of Metalworkers is referring Gautrain to arbitration for suspending workers that refused the Covid-19 vaccine.
- The internal disciplinary hearing for the employees takes place next week, and Numsa is waiting for a date for the CCMA dispute.
- Gautrain denied the number of employees Numsa claimed and said the union was consulted on vaccination, lodging no objections.
The National Union of Metalworkers of South Africa (Numsa) has taken Gautrain to the Commission for Conciliation Mediation and Arbitration (CCMA) for suspending its members at the company that are refusing to take the Covid-19 vaccine.
The union has also accused Gautrain's management company, the Bombela Operating Company (BOC), of failing to consult labour on vaccination mandates. The employees' disciplinary hearings are scheduled to take place on 14 and 15 March.
Tensions over Covid-19 vaccines in South Africa's workplaces are the subject of a declaratory order that business formations are seeking from the courts on the legality of mandates.
Institutions such as the National Economic Development and Labour Council (Nedlac) have been calling for the introduction of a vaccination requirement to be able to access the workplace and attend public events.
Numsa claims 27 members of the union working at Gautrain were placed on suspension, but the BOC denied this, saying only two were suspended over its vaccination policy.
READ | Business heads push for vaccine mandate: report
While unions have largely been in support of the government's stance on vaccination, many in organised labour have stated that they will not support a vaccination mandate which puts workers' jobs at risk if they refuse to take the vaccine.
In a statement released on Friday, Numsa secretary general Irvin Jim said the union and its employees at Gautrain were left in the dark about the company's vaccination policy as well as its engagements with the Department of Employment and Labour on the matter.
"We were never consulted on the risk studies done, and our health and safety representatives were never involved despite the guidelines from the Department of Employment and Labour advocating for such involvement," said Jim.
Jim said Numsa supported government's vaccination programme but said the Constitution "guarantees the rights of individuals not to vaccinate", which he said the union had a duty to defend. He said the union lodged a dispute at the CCMA last week and is waiting to get a hearing date.
"Our only concern is that Gautrain management may fast-track the disciplinary process and end up medically boarding our members for refusing the vaccine before we have had a chance to have the matter heard at CCMA," Jim said.
READ | Jab jostling: Vaccination mandate debate polarises society and business alike
BOC spokesperson Kesagee Nayader said Numsa's statement was misleading and that only two employees are going through an incapacity process, in line with the company's mandatory vaccination plan.
"We also reject Numsa's allegation that it was not consulted with as we have had various engagements and discussions with Numsa shop stewards between October 2021 and December 2021.
"Furthermore, the company embarked on various education drives together with the company doctor, to address employees' questions or fears around vaccination and the Covid-19 pandemic in general," said Nayager.
Nayager said a mandatory vaccination plan was shared with elected Numsa shop stewards in December, with no objections received from the union and that employees were given an opportunity to comply by the end of February.
"To date, 98% of our employees have been vaccinated against Covid-19 and we would like to use this opportunity to commend our employees for this. Their action demonstrates their commitment to health and safety, which is a top priority for the company," Nayager said.
She said the company went ahead with a mandatory vaccination plan because it was responsible for the health and safety of both employees and customers.
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