CCMA orders reinstatement of Numsa official

The Commission for Conciliation, Mediation & Arbitration (CCMA) has ordered the reinstatement of Western Cape regional secretary of the National Union of Metalworkers of SA (NUMSA) Vuyo Lufele, who had questioned the running of 3Sixty Life.

Lufele was one of several leaders suspended by the union after they raised concerns about 3Sixty Life, a funeral insurance company owned by the union.

CCMA commissioner Jacques Buitendag on Monday ordered that Lufele report for duty on 3 July.

NUMSA didn't attend the proceedings, which took place earlier this month, though Buitendag said he was satisfied the union had been properly notified of the proceedings and that the matter could proceed in its absence.

Buitendag said the issue before him was whether NUMSA had committed an unfair labour practice by suspending Lufele. In his evidence, Lufele said he was placed on precautionary suspension with pay in September 2022, after he raised questions about the National Manufacturing Workers Investment Trust.

Lufele said his suspension was unfair for several reasons. The general secretary had not sought approval from regional office bearers and the national executive committee, as required by the union’s disciplinary code and its constitution. The code also stipulates that suspension without charges must not be for a prolonged period.

Lufele testified that a disciplinary hearing, convened in December 2022, had not taken place because the chairperson had recused himself. He submitted that he “cannot explain himself to members and is unable to compete for any position within Numsa” while on suspension.

Buitendag said  even if Lufele’s suspension had been valid, there was no evidence of an objective justifiable reason that he had been suspended for more than nine months.

“The applicant cannot be suspended indefinitely, and he has clearly been prejudiced ... because it affects his career,” Buitendag said, and ordered to the suspension be lifted from Friday 30 June.

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