An industrial court in Swaziland has ruled in favour of workers who challenged garment manufacturer Zheng Yong Swaziland over unilaterally deciding to stop deducting union dues for 1,276 workers.
- The Amalgamated Trade Union of Swaziland (ATUSWA), affiliated to IndustriALL Global Union, had taken the company to court. Zheng Yong had allegedly taken the step as "retaliation after workers went on strike to demand living wages."
The Case: The court heard that since May, Zheng Yong had not been deducting union dues from the workers and remitting them to the union as required by the Industrial Relations Act.
- By doing so, the employer was denying the workers their freedom of association, and the union was being unfairly deprived of the much-needed revenue.
- Workers were puzzled why the deductions had stopped when they were still members of ATUSWA.
- The court stated in the judgment on 31 October that by not paying the dues to the union, the employer was resorting to unlawful “self-help” which violated the Industrial Relations Act which states that the employer has an obligation to deduct the dues from union members and to pay them to the union without delay.
- Zheng Yong, which was cited as the first respondent “is interdicted and restrained from unilaterally deciding to stop remitting monthly subscriptions to the Applicant as and when it wants to.”
- After the strike in May, over 300 workers were dismissed at Zheng Yong, FTM Garments and Ho’s Enterprises.
- At Ho’s Enterprises, the union lodged a dispute over the unfair dismissals which led to most workers remaining at work after the company reversed the dismissals.
What They Said:
After Zheng Yong unilaterally decided to stop deducting and remitting union dues, ATUSWA took the employer to court. Further, we engaged the membership of the union on the action we were taking and prepared them for likely outcomes. Fortunately, we ended up winning the matter in court and the employer has been ordered to pay even the subscription arrears.
— Wander Mkhonza
Secretary-General
ATUSWA
This is a welcome ruling because it strengthens the struggle of the workers in Eswatini for living wages and for the respect of their rights to freedom of association and collective bargaining. Employers must engage with unions and the government to promote social dialogue and to build an industrial relations system that benefits workers.
— Paule France Ndessomin
Regional Secretary
IndustriALL
