The court also ruled that the conduct of those who refused to work in accordance with the 24-hour shift roster constitutes an unprotected strike.
The full judgment is available here.
The City of Cape Town's City’s Executive Director for Safety and Security, Richard Bosman, said: "The City welcomes the judgment and hopes that it will put an end to the uncertainty that the South African Municipal Workers Union has tried to create over the past few months. Their threats to withhold their labour had a negative impact on the ability of the Fire and Rescue Service to deliver on its mandate, and put our residents at risk unnecessarily."
There have been efforts in recent years to review the current collective agreement, but Samwu rejected the offer of a 35% standby allowance presented during arbitration.
"The judgment is quite clear in respect of Samwu’s actions on this matter until now, and we hope that the union will accept the feedback and return to the negotiations around a new collective agreement," said the City’s Mayoral Committee Member for Safety and Security, Alderman JP Smith.
