Times Of Swaziland: MINISTER’S SURPRISE VISITS TO FACTORY AFTER HOLIDAY COMPLAINTS

MINISTER’S SURPRISE VISITS TO FACTORY AFTER HOLIDAY COMPLAINTS
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Stanley Khumalo on 26/04/2023 08:54:00


MATSAPHA – Minister of Labour and Social Security Phila Buthelezi yesterday
paid a surprise visit to The Fridge Factory, following complaints by the
employees of working on a holiday.
Buthelezi explained to the management of the company that his visit was prompted
by several complaints from employees of the company. He said the workers had
notified the ministry that management of The Fridge Factory had issued a
memorandum to the effect that it did not recognise the National Flag Day as a
holiday. He said information received by the ministry had insinuated that those
who would be absent yesterday were to be on the receiving end of steeper
sanctions, which were to be implemented by the company. The minister requested
that before the management and officials from the ministry could engage in
anything else, they had to clear the air on this issue.
Engage
“If this is true, we ought to engage on how we can clear that because as a
ministry, we are responsible for labour relations. It is our responsibility to
ensure that workers are not forced to unlawful labour practices,” Buthelezi
said. He said there were regulations regarding holidays and the kind of
remuneration associated with them and other conditions. Buthelezi said as a
ministry, they did not want to see a scenario where in some industries workers
were taken advantage of. The minister explained that by saying so, he was not
insinuating that it was the case at The Fridge Factory; but he wanted to be
clear on the obtaining scenario. Buthelezi further explained that it was for
this reason that officials from the ministry had requested to meet the
management and representatives of the employees. This, he said, would assist in
getting both sides of concerns that could be labour-related.
The minister, in his surprise visit, was accompanied by, among others, Labour
Commissioner Mthunzi Shabangu, Acting Manzini Region Principal Labour Officer
Gcina Nxumalo, police officers and members of the media. Also present were the
senior management of The Fridge Factory, who included the Chief Executive
Officer (CEO), Peter McCollough, Operations Director Ryden Allmark, Factory
Manager Eric Mthetwa, Maintenance Manager Humphrey Nyakapoto and the Quality
Manager Casca Bhilla. In response to this, McCullough explained that there was a
misunderstanding regarding yesterday as a public holiday. He explained that
there was a gazette which detailed the conditions of employment and also the
holidays for their sector.
He said this gazette did not recognise the National Flag Day as a holiday for
the manufacturing industry. In light of this, he said, when they enquired from
their federation on whether it was a holiday or a normal working day; they were
informed to consult the gazette. Furthermore, the CEO said they also sought
assistance from labour officials in the ministry and the officials further
referred them to the Ministry of Home Affairs. He enquired where was the
instrument altering their ‘norm’, which did not recognise the National Flag
Day as a holiday in the manufacturing sector. McCullough said the reason they
had troubled themselves to establish what would happen yesterday was because
there had been communication insinuating that the National Flag Day was now
recognised as a holiday.
In response, the minister explained that his ministry had been advised to now
recognise all holidays and not state in the Wages Council Gazette that some days
were not recognised as holidays by certain sectors. Buthelezi said the advice
had come from the Office of the Attorney General, Sifiso Mashampu Khumalo. The
minister said the AG had informed his ministry that it was unconstitutional for
certain holidays to be ignored. In light of this, the CEO sought to establish if
there had been any written communication, which was circulated to that effect.
He said this was essential because it would assist in averting a scenario like
yesterday.
Communication
To this, the minister said the Office of the Labour Commissioner would avail a
notice to that effect. He did highlight that such communication had been shared
during the wages councils meetings. The issue was resolved with the minister
admitting that they had realised that there was a gap in the communication of
the information and as such, they also had to improve on that. Meanwhile,
Nyakapoto sought explanation on whether the workers had to proceed working or
they had to retire for the day. He said the question was on the basis that if
they continued working while it was a holiday, then that would have implications
with the union. The minister explained that they could proceed to work as there
had been a challenge in communication of what ought to happen during holidays
after the AG had advised the ministry. On the other hand, McCullough said he
felt victimised by the manner in which things had happened as they were not the
only manufacturing factory which was operating yesterday. He said it was
unfortunate that there was bad communication by the ministry.