BY Anele Mbi – this article was first published on Elitsha
IN SUMMARY: Premier FMCG’s Interdict Rejected: The Johannesburg Labour Court refused Premier FMCG’s urgent request to stop striking workers who are demanding a R19,500 living wage.
Premier FMCG’s Concerns: Premier FMCG, speaking for itself and non-striking workers, wanted protection from claims of intimidation, threats, and assaults by striking workers.
Union Safety Concerns: Leaders from the Food and Allied Workers Union (FAWU) and UCIMESHAWU sent letters to Premier FMCG, worried about the safety of their members who were not striking.
Court’s Decision: Judge Reynaud Daniels said Premier FMCG did not provide enough proof that the striking workers were acting together or were involved in any misconduct. Because of this, the court did not approve the interdict.
Need for Evidence: Daniels explained that for the court to act, there must be a clear connection between a worker and any unlawful behavior. Simply joining a strike where some wrongdoing happens is not enough to justify legal action.
Unions Involved: FAWU and UCIMESHAWU are organizing workers at Mister Sweet but are not the majority unions. The 294 striking workers are not in unions but are supported by Simunye Workers Forum and the Casual Workers Advice Office (CWAO).
Claims from Non-Strikers: Non-striking workers said they were threatened or assaulted but couldn’t identify who was responsible. They guessed the attackers were working for the striking workers, but the court found no evidence to back this up.
Facebook Post: Premier FMCG mentioned a Facebook post by a striker that said, “Gents where are you, I do not beg, come let’s drink my provident fund of R300,000 and now I am going to be a killer.” However, this wasn’t enough to prove the strikers were behind any threats.
Judge’s Question: Judge Daniels asked if Premier FMCG could prove that the striking workers were directly or indirectly responsible for the threats and intimidation.
Strike Overview: The strike began on August 19 and has lasted four weeks. Solidarity groups are now calling for a boycott of Mister Sweet products, which include items like gums, jellies, and marshmallows.
