Decision - Rohlig Grindrod

EB 34/2008

IN THE EXEMPTION APPLICATION OF:-

ROHLIG GRINDROD Applicant

and

NATIONAL BARGAINING COUNCIL FOR THE

ROAD FREIGHT INDUSTRY (Council)Respondent

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D E C I S I O N

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This matter was placed on the agenda of the Exemptions Body meeting held on the 23rd June 2008.

Present on this day were:-

1.Adv. R. Rawat-Chairperson of the Exemptions Body

2.Mr. Y. Nagdee-Memberof the Exemptions Body

3.Mr. T. ShortRoad Freight Employers Association

4.Mr. G. van Niekerk(RFEA)

5.Mr. J. GamedeSouth African Transport & Allied

6. Mr. A. RamakgoloWorkers Union (SATAWU)

7. Ms. E. FourieMotor Transport Workers Union

8.Mr. S. Mabaso(MTWU)

9.Mr. D. Zondani-Professional Transport Workers

Union (PTWU)

10.Mr. P. MndaweniNational Bargaining Council for the

11.Ms. T. StröhRoad Freight Industry (Council)

12. Mr. Andries Skosana-Shop Steward for Applicant

In terms of a ruling issued to the Applicant, it was requested by the Exemptions Body be supplied with the names and ID numbers of the five (5) e4mployees for whom exemption was being sought from all the obligations of the Main Collective Agreement of the National Bargaining Council for the Road Freight Industry (Council).

These names and ID numbers were transmitted by electronic mail to Mr. Paul Mndaweni on the 29th of May 2008 by Ms. Cindy Moodley.

The purpose of Mr. Andries Skosana’s appearance was to affirm the details. The names and ID numbers are:-

1.Leah Mamoskotso-6401200253080

2.Andrew Tswaled Moukangwe-6603255618089

3.Willem Solomon-770113562085

4.Magabanyane Godfrey Mogaramed-7512165664084

5.Thokizile Gastar Maname-5312060390089

The Applicant, represented by Mr. Lawrence appeared before the Exemptions Body in ± February of this year and placed the fact that this Company falls primarily under the monetary sector on record and stated further that to comply with the National Bargaining Council for the Road Freight Industry (Council) for the sake of 5 employees only was an insurmountable administrative task.

SATAWU, via Mr. Ramakgolo, on that day stated that it had consulted extensively and supported the application for exemption for the 5 employees only. It is to be noted that there was no opposition from the other representatives present.

The Exemptions Body finds that this is an appropriate instance to exclude the 5 employees in question.

The Exemptions Body therefore orders that:-

1.Leah Mamoskotso-6401200253080

2.Andrew Tswaled Moukangwe-6603255618089

3.Willem Solomon-770113562085

4.Magabanyane Godfrey Mogaramed-7512165664084

5.Thokizile Gastar Maname-5312060390089

Be excluded from having to comply with any of the provisions of the Main Collective Agreement of Council for a period of 12 months, this being the maximum jurisdiction of the Exemptions Body.

Dated the 14th day of July 2008 at Braamfontein, Johannesburg.

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ADV. R. RAWAT MR. Y. NAGDEE

Chairperson of theI agree

Exemptions Body