REINSTATED Numsa Western Cape regional secretary Vuyo Lufele has refused to be drawn into a war of words with the union's general secretary Irvin Jim following the unfair labour dispute over his suspension.
The Commission for Conciliation, Mediation and Arbitration (CCMA) this week lifted Lufele’s September 2022 precautionary suspension by Jim and found that it was invalid and unfair.
CCMA commissioner Jacques Buitendag ordered Numsa (National Union of Metalworkers of SA) to lift Lufele’s precautionary suspension with effect from Friday, June 30, 2023, and that he must report for duty tomorrow (MONDAY).
Minutes and submissions made before and in the aftermath of Numsa’s disputed national congress in July last year details some of the discussions that led to Lufele’s suspension from the union.
The documents are attached to Jim’s answering affidavit filed earlier this year at the Labour Court in response to former Numsa second deputy president Ruth Ntlokotse’s bid to have the outcomes, decisions, resolutions, nominations and elections at last year’s national congress declared invalid and nullified for failing to comply with the union’s constitution.
In the Western Cape’s mandate to the union’s December 2022 extended central committee meeting, the region calls on the gathering to deal with the challenges facing the trust and Numsa Investment Company (NIC).
In addition, the Western Cape region also demands the trust’s audited financial statements, account for every directive from the Financial Sector Conduct Authority as well as for all 3Sixty Life transactions identified in an investigation by Deloitte & Touche, which was commissioned by the SA Reserve Bank’s Prudential Authority, after the company was placed under curatorship.
Numsa’s trust wholly owns 3Sixty Life through the NIC.
”What has been exposed by the Deloitte audit firm is nothing else but corruption within 3Sixty, and Numsa is defending that,” reads the Western Cape’s 16-page mandate.
It further added that Jim is aggrieved by the fact that all that Lufele has exposed are his failures to intervene in the NIC and that the Deloitte report implicates him and his daughter as direct beneficiaries from 3Sixty Life.
According to the November 2020 report, 3Sixty Life paid over R40 000 for Jim’s birthday party, where there were 150 guests, including more than R15 000 on “alcohol and other” and R12 000 for catering, while a laptop that cost about R15 500 was bought for his daughter.
In its response to the auditors, 3Sixty Life said payments to Jim’s birthday party were part of marketing initiatives and allowed it to gain access to Numsa events to enhance its brand and strategic relationships.
It admitted that the laptop was used by Jim’s daughter and for office work on its premises.
But Deloitte found that the expenditure could have been avoided, and the commercial benefit to 3Sixty Life was unclear, as well as that the expenses benefited specific individuals linked to Numsa as opposed to the company.
At the CCMA, Lufele said Numsa committed an unfair labour practice by suspending him, and he is unable to compete for any positions within the union while on suspension.
Buitendag found that there was no evidence of an objectively justifiable reason that would justify Lufele’s ongoing suspension of more than nine months.
”The applicant (Lufele) cannot be suspended indefinitely, and he has clearly been prejudiced by the precautionary suspension because it affects his career as he is unable to communicate with members or stand for election for positions within the Numsa structures,” he explained.
Buitendag said he had no reason to refuse Lufele the relief he is seeking and that his order obviously does not prevent Numsa from dealing with the allegations of misconduct in a manner it deems appropriate, provided this is fair.
Numsa accused Lufele of delaying his disciplinary process and not being prepared to face the misconduct charges levelled against him.
The union said Lufele ignored a pre-arbitration agreement that all the referrals he and suspended Numsa Eastern Cape regional secretary Mziyanda Twani have made in the matter, including Lufele’s unfair labour practice case, would be heard at the CCMA’s Gauteng offices.
However, he lodged a “back door” referral of the unfair labour practice to the commission’s Cape Town office, according to Numsa.
Jim wrote to Lufele this week, stating that he acted in a most shocking, completely and frighteningly disingenuous and dishonest manner by going behind Numsa’s back to re-enrol the unfair labour practice dispute.
”Your conduct was nothing other than vexatious and mala fide (bad faith),” he added.
Jim also informed Lufele not to report for duty tomorrow (MONDAY) and that he remains suspended pending the determination of the rescission application, which will be brought by Numsa within the time periods allowed for in the CCMA rules.
Lufele declined to comment on the matter “for now”.