BMW employees protesting outside their firm in Rosslyn last month. Picture: Oupa Mokoena / Independent Newspapers.
Nicola Mawson
The National Union of Metalworkers of South Africa (Numsa) has taken a stand against the Labour Court’s decision to deny its urgent interdict aimed at halting disciplinary proceedings tied to alleged fraud within BMW’s medical aid offering.
The union’s frustration stems from the potential termination of approximately 500 workers, a situation it claims lacks the necessary transparency and due process.
In a statement yesterday, Numsa’s national spokesperson Phakamile Hlubi-Majola said the union went to the Labour Court to seek an urgent interdict on the basis that it had not been given sufficient information regarding the potential termination of about 500 workers over allegations of medical aid fraud at the company.
In the middle of last month, about 300 workers at BMW’s Rosslyn plant north of Pretoria went on strike over what they claimed are “mass dismissals”. The plant produces the iconic next-generation BMW X3.
The strike was over ongoing fraud investigation within the BMW Employees Medical Aid Scheme (BEMAS). Numsa alleged that BMW hastily dismissed several workers on October 10 in terms of this investigation.
Rosslyn, has the capacity to build 76 000 cars a year, has a workforce of more than 2 000 direct associates, while over 23 000 individual’s livelihoods are directly tied to BMW Group South Africa’s operations.
Hlubi-Majola said BMW “outrageously refused to clarify what the actual charges were to which workers had to answer and who the so-called independent chairpersons [for disciplinary hearings] would be”.
The union argued that BMW was proceeding with disciplinary action even though it did not have all charge sheets, making it impossible for Numsa to make submissions on behalf of the affected workers.
As a result, Hlubi-Majola said, Numsa went to the Labour Court on an urgent basis on October 11 to “ensure that there is compliance with basic fairness in an otherwise utterly tainted disciplinary process”.
Hlubi-Majola said the court “inconceivably” dismissed the union’s application with costs.
“These types of judgments can, unfortunately, only serve to undermine the faith workers have in the courts and the legal system,” she said.
As a result of the hearing, Numsa has now received the relevant information, it said.
In a holding statement, BMW said that, as the investigation into fraud allegations at BEMAS was ongoing, it cannot disclose any further details.
“We can confirm that we are fully co-operating with law enforcement and conducting a thorough internal investigation to ensure that all relevant actions are taken. BMW Group South Africa does not tolerate any acts of bribery, fraud or corruption,” the group said.
The carmaker said it was committed to ensuring that this matter does not disrupt its operations or impact its customers.
“In particular, we want to reaffirm our commitment to the production of the new BMW X3 at BMW Group Plant Rosslyn. This important model is a key part of our strategy for South Africa, and we remain dedicated to delivering it to our customers on schedule.”
The iconic next-generation plug-in hybrid BMW X3 was set to be produced for the global export market from this month after ending production of the third-generation model, with 400 000 units made, in August. The last third-generation vehicle, a now-memorable Carbon Black BMW X3, was shipped to a customer in Germany.
More than 96% of the cars made at the plant are exported to over 40 global markets, including sub-Saharan Africa.
BMW added that it will continue to provide updates on this matter as appropriate and remains focused on delivering exceptional products and services to the South African market and the communities in which it operates.
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