SACCAWUSouth African Commercial, Catering and Allied Workers' Union
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In its appeal the SACCAWU contended that the Tribunal ignored the express language of the Act in reaching its decision.
Having concluded that the merger should not be prohibited, the CAC went on to consider other elements of SACCAWU's appeal, in order to determine what conditions should be imposed, (153) and ultimately set aside the Tribunal's decision and replaced it with its own, approving the merger with conditions.
Commercial, Catering & Allied Workers Union (SACCAWU) v.
"We are unhappy with the decision of the tribunal," Lucas Ramatlhodi, a co-ordinator and secretary for SACCAWU, told Reuters.
"SACCAWU's notice of appeal has no impact on the implementation of the transaction."
SACCAWU's deputy secretary-general Mduduzi Mbongwe says the union wants existing employment terms and conditions to be extended to all Massmart's operations in Africa in the event of an acquisition.
It said in a statement: "We are committed to working constructively with the local unions in South Africa." Most worrying to SACCAWU is the possibility of Wal-Mart importing goods to sell in South Africa, destroying jobs in the country's manufacturing sector in the process.
that is one of the options open to us," Lucas Ramatlhodi, a SACCAWU official, told Reuters outside the hearings.