VICTORY FOR FIREFIGHTERS AS CMAC TOSSES SHIFT SYSTEM

MANZINI – Eswatini National Fire and Emergency Services (ENFES) personnel have recorded a victory against government in the battle over Circular No.4 of 2020, which had lasted for six months.

This is because on Tuesday, the Conciliation Mediation and Arbitration Commission (CMAC) issued a judgment that government had committed unfair labour practice by implementing the circular. As a result, in the judgement, CMAC Arbitrator Khontaphi Manzini declared the circular  null and void and further ordered government to withdraw it. In the matter, the National Public Service and Allied Workers Union (NAPSAWU), a trade union which represents the firefighters, was the applicant, while the Principal Secretary (PS) in the Ministry of Housing and Urban Development, Clifford Mamba, was the first respondent.

Respondents

Meanwhile, the PS in the Ministry of Public Service, Sipho Tsabedze and the office of the Executive Secretary in the Civil Service, were second and third respondents, respectively. The fourth respondent in the matter was the Attorney General (AG) Sifiso Khumalo. After the implementation of the circular on October 1, 2020, the workers had complaints and at some point (early October) there was a standoff between the firefighters and the police. This followed that the firefighters showed defiance when they refused to alight from a staff kombi hired for them as a staff bus. This was after their shift had come to an end around midnight. They wanted the kombi to drop them off at their homes, instead of dropping them within the 20km radius which as per the circular in question.

Thereafter, the matter went to court, but it was referred back to the round table. Afterwards, it was taken to CMAC and a certificate of unresolved dispute was issued and it was then that it was referred to arbitration. In its prayers, NAPSAWU wanted CMAC to issue an order declaring that the circular was unlawful. The applicant’s argument was that the circular breached some laws and Government General Orders. The trade union submitted that the circular allegedly breached Government Order A1000 (1) (a), which provided that government employees should not work a total of 40 hours per five-day week. It said clause 1.2 of the circular provided that ENFES officers should work 48 hours per week, which should be spread over eight hours per shift over a period of six days, with two days off after each shift.

Again, the union contended that the issue of hours of work was settled between the parties by virtue of a pre-existing agreement concluded in July 1994.  It said the award ordered that normal working week for ENFES employees who were engaged in shift work would on average be 48 hours per week, calculated over three weeks on basis of a three-shift system.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: