Kumba Iron Ore has declared a general amnesty for the approximately 300 employees who have not yet returned to work after an unprotected and unlawful industrial action in October at Sishen Mine in the Northern Cape and whose employment was terminated for reasons of having absconded from work.
Kumba said that the workers would receive a final written warning and be reinstated with full benefits‚ provided that they report for duty before 16:00 on Monday‚ 3rd December 2012.
The company's disciplinary procedure provides that employees who are absent without permission for five consecutive shifts are regarded as having absconded. The company applied that principle to those employees who did not tender their services with effect from 24th October 2012.
About half of those employees who initially absconded have since then reported back to work and were reinstated following hearings where they were given the opportunity to state their case.
In most cases employees claimed to have been intimidated not to return to work. The company is working with the SAPS to counter intimidation and has deployed significant resources to assist the SAPS in ensuring the safety of employees and their families.
Kumba said that the terms of the general amnesty‚ absconders will now be reinstated automatically with a final written warning provided that they return to work before 16:00 on Monday‚ 3rd December 2012. This concession is made‚ in an effort to resume normal operations and is based on the unique strike situation.
Absconders who take up the amnesty offer will not be paid for the period between when they have absconded and reported for duty again.
As a result‚ some have lost up to a month's income.
Kumba will pay employees in the bargaining unit at all the company's sites a special‚ one-off bonus of ZAR 2‚000 at the end of December 2012 to encourage good attendance and productivity over the Festive Season.
Reinstated staff will also qualify for this bonus‚ provided that they meet certain attendance standards.
Mr Norman Mbazima CEO of Kumba's said that "These employees were not part of the group who illegally occupied the mine and took unlawful possession of the mine's equipment during the unprotected and unlawful industrial action in October. However‚ because they did not return to work after the industrial action ended they are regarded to have absconded. We want to make it possible for them to get back to work as the situation has largely been normalized."
The company emphasized that this arrangement does not apply to the 125 employees dismissed for misconduct during the unprotected and unlawful action. The seriousness of this unprotected and unlawful action is reflected in the criminal charges of extortion‚ intimidation‚ theft‚ trespassing‚ malicious damage to property and contempt of court that have been laid against some of those dismissed.
Meanwhile, the dismissed employees occupied the mine from 3rd to 16th October 2012 in contravention of a court order and threatened to damage or destroy the mining fleet‚ valued at approximately ZAR 3.3 billion‚ if their demands were not met. When all efforts failed to get them to leave‚ the court ordered the police to remove them.
Source - Business Report
