AMSA Challenges NUMSA’s Strike: Court Order Prohibits Industrial Action at Newcastle Works

AMSA Challenges NUMSA’s Strike: Court Order Prohibits Industrial Action at Newcastle Works

A palpable stillness settled along the roads leading to ArcelorMittal South Africa’s (AMSA) Newcastle Works, with police officers from Newcastle SAPS and the Fidelity Guards Strike Unit stationed outside the steel plant. They were poised and ready to respond, should the planned protest action by the National Union of Metalworkers of South Africa (NUMSA) escalate.

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Despite the early presence of law enforcement, who had been stationed outside AMSA’s Newcastle Works since 5 am, no protestors were visible.

Instead, the protestors had redirected their attention to the ArcelorMittal Vanderbijlpark Works, where they took their concerns directly to the source.

NUMSA National Spokesperson, Phakamile Hlubi-Majola, explained that the strike action had been initiated in response to AMSA management’s decision to dismiss workers just before Christmas. Hlubi-Majola highlighted that the closure of Coke Making Battery 6 and 7 had led to the retrenchment of at least 107 employees.

“Our members have been provoked into striking following the conclusion of the section 189 process. On the 5th of November, AMSA rushed to issue notices of dismissal, and it refuses to engage on alternatives. It has not disclosed if there are vacancies to absorb some of these workers, and refuses to entertain the possibility of Voluntary Severance Packages for those workers who are older, and may be interested in early retirement,” Hlubi-Majola said.

Furthermore, she expressed concerns about AMSA’s apparent disregard for its workers, calling it a consequence of a corporate-driven approach.

“Workers are just commodities; they are not viewed as human beings. The management is driven by greed, hence the callous decision to coldly dismiss over 100 workers just before Christmas. They have effectively cancelled Christmas for these employees by rushing the retrenchments, thus deepening the misery for their families as well. We worry that many of these workers may struggle to find employment in the near future because of the economy,” she added.

Although Newcastle managed to avoid direct protest action, Hlubi-Majola underscored the significance of NUMSA’s stance, stating, “The only weapon we have is to withhold our labour, which will impact on production. We have been backed into a corner and we must defend our jobs. We must remind the management that their immense profit is because of the sweat of employees. We call on all workers to unite behind their demands so that they can defend their livelihoods. Workers are under attack and the most powerful weapon the working class has is its labour power in order to defend its gains.”

In response to NUMSA’s planned industrial action across AMSA’s Newcastle, Vanderbijlpark, and Vereeniging operations, the company acted swiftly. On 13 November 2024, AMSA successfully challenged the protected status of the strike through a Labour Court application.

AMSA’s Head of Corporate Communications, Tami Didiza, explained that, following the court order issued by Judge Makhura on 13 November 2024, employees covered by business units under the Maintenance Determination were prohibited from participating in any industrial action.

The application to interdict industrial action for employees outside these business units was scheduled for hearing on Friday, 15 November 2024.

Didiza elaborated on the context of the planned industrial action, which stemmed from the closure of Coke Making Battery sections 6 and 7 at AMSA’s Vanderbijlpark facility. These batteries had reached the end of their operational lifespan in the fourth quarter of 2024. “This closure, which affects only a small portion of our total workforce, has been the subject of extensive consultation with labour representatives since August 2024 under the auspices of the Commission for Conciliation, Mediation and Arbitration (CCMA),” Didiza noted.

Furthermore, throughout the consultation process, which was overseen by a CCMA commissioner, Didiza emphasised that ArcelorMittal South Africa had fully complied with all legal requirements and maintained exemplary standards in its engagement with stakeholders. “AMSA has diligently explored all possible redeployment options for affected employees and has meticulously followed all the requirements of the Labour Relations Act in implementing necessary organisational changes to ensure business sustainability,” he said.

“Our commitment to fair and lawful treatment of all employees remains unwavering. While the coke batteries are permanently closed and will not reopen, we have ensured that every step in this process has been above board and in full compliance with all legal and regulatory requirements. Our focus remains on maintaining a sustainable business while treating our workforce with the utmost respect and fairness,” stressed Didiza.

He further explained that AMSA had implemented contingency measures to minimise potential disruptions to operations and customer service.

“The safety and security of AMSA’s employees, contractors, and assets remains our top priority during this period. ArcelorMittal South Africa will continue to communicate with all stakeholders as the situation develops and remains committed to resolving this matter through constructive dialogue.”

While AMSA’s operations continue uninterrupted, and the protest actions outside its facilities have been curbed, NUMSA’s demands for a platform to voice their concerns remain. What are your thoughts on the situation? Share your views in the comment section below.

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