The Young Nurses Indaba Trade Union (YNITU) is appealing a Labour Court judgment that ruled it should be placed under administration for mismanaging its funds, not upholding its constitution, and failing to elect eligible leadership.
This after Judge Dephney Mahosi made the ruling last Wednesday and appointed Gerhard Vosloo as the union’s administrator, vesting powers of control and management of the union on him.
Vosloo was the administrator of the SA Medical Association Trade Union (Samatu) in 2019 when it was placed under administration after several contraventions of the Labour Relations Act (LRA).
YNITU apparently has more than 21 000 members and represents workers – from both the public and private health sectors – in various ranks.
General secretary Lerato Mthunzi told News24 it had already appealed the Labour Court’s judgment, and opposed the application brought forth by the labour registrar, Lehlohonolo Molefe, on the basis that the administration sought by the registrar “was a witch-hunt because it did not like its leadership”.
The union further challenged the constitutionality of section 10 of the LRA, which failed to specify the conditions under which the registrar could apply for administration.
“… having a union placed under administration is better than it being deregistered. Thus, there can be no prejudice to the union …it does not stop office bearers from participating in the national congress that the administrator would ultimately organise”, Mahosi said.
The judge added that placing the union under administration was less drastic and would be in the best interest of its vulnerable members.
Union failed to comply with its own constitution
Molefe argued that the union failed to comply with its obligation to keep records and provide information in terms of the LRA, besides that of the union. It also failed to hold a national congress from 20-30 October because it was not eligible.
Last year, YNITU accused the registrar of the Department of Employment & Labour of trying to bring it into disrepute after the union tried to cancel its registration from the department.
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