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The National Union of Mineworkers (NUM) is surprised and shocked that Glencore is proceeding with retrenchment at Optimum Coal Mine. Glencore intends to retrench 628 employees.
We want to place it on record that when we met with the company on Tuesday the 30th June 2015 at the CCMA from 10h00 to 12h00 in Witbank and the same day at the DMR in Pretoria from 14h30 to 17h20, the agreement in principle was that after the DMR issued Optimum Coal Mines with s93A the company must study the document and come back to officially chart a way forward with stakeholders. As NUM, we are still waiting for a meeting at DMR with Glencore.
If the company succeeds with the retrenchment, DMR has a big question to answer because the DMR is aware that it has failed to comply with s52 of the MPRDA and Glencore has also failed to comply with their Social Labour Plan (SLP) on severance package, amongst others.
"We are watching the space from now until the 31st July 2015 as to what DMR will do to enforce compliance. If DMR fails we are consulting with our lawyers as to what recourse we will take against DMR if they fail and Glencore succeeds with retrenchment. If Optimum doesn’t comply the DMR minister must take the mining license. This will be a testing case to keep government department to wake up and do their work," said William Mabapa, NUM Deputy General Secretary.
"We are aware that Glencore is still operating with contractors like Coalcore with 1 100 employees and other sub contractors. The Ministers of Labour and DMR must explain why the company can retrench its employees but continue with sub contractors, this is a foreign approach by Glencore," Mabapa added.
DMR minister failed to issue directives as empowered by Section 52 of the MPRDA to recommend corrective measures like judicial management (corporate rescue) or liquidation as opposed to retrenchments, but instead issued s93A of the MPRDA requesting the company to submit rehabilitation plan for the depleted and mined out areas as part of compliance of any mining licence holder.
The DMR minister is in dereliction of his official duty by failling to implement s52 as empowered by the MPRDA.
The NUM will fight tooth and nail to make sure that these retrenchments do not happen.
For more information, please contact:
Lucas Mohlala: NUM Highveld Regional Chairperson: 071 440 4295William Mabapa: NUM Deputy General Secretary: 082 880 4439Livhuwani Mammburu: Acting NUM National Spokesperson: 083 809 3257
The National Union of Mineworkers
7 Rissik Street.
Tel: 011 377 2111
Cell: 083 809 3257