Ex-Rea Vaya drivers continue fight for reinstatement after dismissals

A group of nearly 160 former Rea Vaya bus drivers, fired in February 2015 following an unprotected strike, continue their legal battle for reinstatement. The strike occurred over the privatization of the bus service, which the drivers wanted under the City of Johannesburg’s full control.

The Strike and Subsequent Dismissals

During the strike, buses were used to block intersections in downtown Johannesburg. Drivers gathered at the Library Gardens before marching to the Johannesburg Roads Agency offices to meet then-transport MMC Christine Walters. Their demands centered around opposing private companies, PioTrans and Litsamaiso, running the service.

The SA Municipal Workers’ Union (Samwu), representing the drivers, stated that many bus operators did not report for duty, while those rostered to work abandoned their buses at the Ellis Park and Dobsonville depots. However, PioTrans accused the drivers of gross misconduct, including refusing to drive their assigned routes and parking buses in unauthorized areas in violation of company and municipal policies.

The company also claimed that the drivers conspired to sabotage operations by halting services and abandoning buses, leading to significant service disruptions. Only nine drivers attended the subsequent disciplinary hearings, and all 157 were dismissed. Appeals were unsuccessful, and the SA Road Passenger Bargaining Council upheld the dismissals as fair in May 2021.

Legal Battles and Arbitration Review

Samwu took the matter to the Labour Court, challenging the arbitration award issued by commissioner Prince Kekana. The union argued that Kekana misapplied the doctrine of common purpose, alleging that he found the drivers guilty by association without identifying individual acts of misconduct. Samwu maintained that this misjudgment led to an unfair ruling.

In response, PioTrans opposed the review. The company raised procedural issues, highlighting that 21 of the dismissed drivers were deceased and that there was no mandate from the executors of their estates for substitution. Additionally, PioTrans questioned Samwu’s authority to represent the drivers, emphasizing that the mass absence on the strike day rendered the company non-operational.

“The misconduct extends beyond abandoning buses,” PioTrans stated. “It includes failing to drive routes, sabotaging company operations, disrupting services, and breaching employment contracts. These actions justified the dismissals, as they harmed the public relying on consistent service.”

Business Rescue and Practical Challenges

PioTrans, which was placed under business rescue in 2023, argued that reinstating the drivers is impractical and could lead to the company’s final liquidation. Despite this, the drivers continue to seek reinstatement and backpay or, alternatively, compensation for wrongful dismissal.

Court Orders and Next Steps

Three weeks ago, the Labour Court postponed Samwu’s review application sine die (indefinitely). The court ordered Samwu to initiate proceedings for substituting the deceased drivers’ estates and to confirm by affidavit within 30 days which of the 157 drivers still authorized the union to act on their behalf.

Conclusion

The decade-long legal battle reflects the ongoing struggle between privatization and municipal control in public services. While the Labour Court’s recent decision delays immediate resolution, the former Rea Vaya drivers remain committed to seeking justice for what they consider unjust dismissals.

In other news – Palesa Madisakwane reveals past struggles with ex-lover & baby daddy, Somizi Mhlongo

Actress Palesa Madisakwane recently made explosive allegations about her past relationship with media personality Somizi Mhlongo. Speaking on the Hell and Back podcast (part two), she opened up about enduring emotional abuse and the struggles she faced as a single mother raising their daughter, Bahumi.

Palesa revealed that during her pregnancy with Bahumi, Somizi pressured her to have an abortion. “I was told to abort. When the baby was born, he told me he doesn’t love the baby because he doesn’t love me,” she claimed on the podcast. Read More