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Alderman JP Smith writes a response to a News24 article, titled International Firefighters' Day: City of Cape Town hits back at Samwu over 'enslaved' workers claim.
The story "International Firefighters' Day: City of Cape Town hits back at Samwu over 'enslaved' workers claim" (4 May 2021) refers.
It is necessary to correct continued misinformation by Samwu regarding what firefighters earn, the status of collective bargaining talks on a new deal for firefighters, and labour issues related to an illegal strike in 2019.
What Cape Town firefighters earn
Depending on rank, firefighters earn between R52.28 and R152.96 an hour. This amounts to a basic salary, starting at approximately R20 000, and not R2 000–R6000 as per News24 reporting of Samwu's remarks.
In addition, 40% of the basic salary rate is payable for benefits, such as Pension Fund and Medical Aid contributions.
Finally, a standby allowance is also payable over and above the basic rate.
Samwu's demand has been that the standby allowance be increased to 79% of the basic salary. The City previously offered 35%, up from the current 22.8%, backed by an independent arbitration recommendation, which parties had voluntarily entered into. This offer was rejected by Samwu.
The status of a new deal for firefighters
The truth is Samwu are actively delaying a new deal for firefighters because they know their 79% demand is unreasonable. It is also unaffordable, and would amount to nearly R250 million more per annum.
The City is ready to review the current collective bargaining agreement at any time and any changes to the working hours, and benefits of the firefighters will be negotiated between the City and both unions (Samwu and Imatu).
If Samwu is not happy with the outcome of collective bargaining talks, the law even grants them the option of compulsory arbitration, with a full opportunity to argue their corner to an independent panelist.
At the time of writing, however, Samwu have chosen to lodge a formal dispute with the SA Local Government Bargaining Council, rather than return to the table with the City and Imatu, who have been cited as respondents in the dispute.
A March 2020 Labour Court ruling affirms that the current collective agreement is valid until a new one is agreed to by parties to the bargaining council.
The current agreement is not a 'pre-1994 agreement', a falsehood which was reported as fact in the News24 report in question.
Here are the facts as confirmed by the Labour Court ruling in this matter: all parties, including Samwu, unanimously extended a 2007 collective agreement in 2010, and again in 2014.
In 2018, all parties entered into voluntary arbitration on new working conditions, for which independent recommendations were made. In October of that year, Samwu gave notice of their unilateral withdrawal from the agreement, which resulted in the unprotected strike.
To date, the 24-hour shift system has been upheld in all collective agreements between the City and all unions representing firefighters, including Samwu.
Given that fires can occur at any time, the 24-hr shift system is rational, necessary, and beneficial to public safety and firefighters alike.
Firefighters work a schedule of 10x 24hr shifts per month, with time-off in between. On average, a firefighter works 7.5 hours more per month than other City employees.
Although staff at stations are required to be on site and on standby after normal working hours, stand-down time is generally at their disposal to pursue activities of their choice, in the absence of any emergency. Sleeping quarters, rooms, beds and bedding as well as recreational facilities are provided.
Illegal strike and related issues
An illegal strike in 2019 closed half of the City's fire stations until an urgent interdict was granted for the safety of all residents.
The Labour Court has ruled that Samwu had no right to incite this illegal strike, especially given that firefighting is a designated essential service.
In all fairness, the City had no choice but to initiate disciplinary proceedings for all who participated in abandoning their essential services posts over the course of several days, despite prior warnings that this was illegal.
The City has, however, initiated talks with Samwu, outside of the disciplinary process, to resolve the matter in respect of 439 firefighters, so that any possible sanction of dismissal can be avoided.
A meeting took place on 29 April 2021 to convey this proposal to staff, the details of which are not appropriate to share at this stage due to this being an internal employer/employee engagement.
A smaller group of individuals, totalling 55 firefighters, are facing more serious charges for endangering residents by actively inciting and organising the illegal strike.
The City intends to proceed with these disciplinary hearings, given the seriousness of these actions. The outcome of these hearings will be determined by an independent chairperson.
- Alderman JP Smith, Mayoral Committee Member for Safety and Security, City of Cape Town.
