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Eskom wins a 17-year legal battle against Solidarity

Eskom wins a 17-year legal battle against Solidarity

May 27, 2015

Thursday 21 May 2015 ~ The Constitutional Court of South Africa dismissed an application for leave to appeal by trade union Solidarity, in which the union alleged that Eskom has entered into an oral agreement with it 17 years ago to make a yearly once-off non-pensionable payment equal to double the basic salaries of some of the senior employees at the Koeberg power station.

In addition, the union alleged that the agreement included a system of early retirement to these employees in terms of which they would be credited with condoned service of six months service for each year served as a licensed operator, or pro rata for part thereof in addition to the 12 months ordinarily credited. The union claimed the verbal contract was entered into in 1998.

Solidarity wanted Eskom to pay 34 retired licensed nuclear power operators at the Koeberg Power Station a yearly once-off non-pensionable payment equal to double the basic salaries.

Throughout all these years, Eskom’s response has always been that no agreement had been entered into, and that only proposals had been discussed between the parties.

Following a protracted 17-year legal battle between the two parties, the Constitutional Court last week ruled against Solidarity, stating that “the application should be dismissed as it bears no prospect of success.”

Eskom legal team will now proceed to recover its legal costs from Solidarity.

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