Court ruling allows SAA to proceed with planned 3Q21 restart

South African Airways (SA, Johannesburg O.R. Tambo) says it is proceeding with its July/August launch plans after a labour court ruled it was permitted to employ replacements for its striking pilots, despite the matter pending a court hearing in June. The South African Labour Court on May 24 dismissed an urgent application by the SAA Pilots Association (SAAPA), which had sought to prevent the airline from engaging replacement pilots and flight trainers/services during the ongoing strike by its pilots. “SAAPA respectfully disagrees with the court’s decision and will appeal,” the union responded on its social media pages. SAAPA Chairperson Grant Back said the union on May 25 was back in negotiations with the airline. “We are disappointed with the [court] outcome, and we will be appealing the decision,” he confirmed to ch-aviation. Some 90% of SAA pilots who are SAAPA members have been locked out since December 18 and have gone on strike to prevent the airline from employing scab labour in their place. SAAPA in April made a similar application to the court, which has been scheduled for a full hearing on June 15. It argues that replacement labour was not legal in terms of a long-standing “regulating agreement” which govern the pilots’ terms of employment between the union and the airline. In its judgement, the Labour Court ruled there was no need for interim relief ahead of the June hearing. The court concluded that SAA “clearly has a right” to prepare to commence its operations and that “the harm it will bear far outweighs that to be endured by the applicant (if any), should the relief be granted”. The court noted that SAA intended to replace eight pilots who were not affected by the lock-out. Quoting the court ruling, SAA, in a statement, said it was now permitted to employ replacement labour. However, SAA’s interim Chief Executive Officer Thomas Kgokolo, said the airline remained committed to finding a workable solution to end the impasse with its pilots. “But we are also resolute in pursuing our goal of getting SAA back in the skies in the third quarter. We are still finalising a date which will be communicated as soon as possible.” As previously reported, SAA intends to restart domestic and regional operations by August but intends to wait two years before recommencing long haul flights.