Union doubles down after Merlus retraction demand

The Metal, Mining, Maritime and Construction Workers Union has rejected demands by Merlus Cormorant Fishing (Pty) Ltd to retract public statements concerning 111 fishermen who the union alleges have remained unpaid and destitute for five months.

In a letter dated 22 June, union secretary general Joseph Garoeb responded to a legal demand from Merlus chairman Stanley Nick Katzao, insisting that the union's position is based on documented evidence and that it will continue speaking out on behalf of the fishermen.

"We have consistently informed the public and the media that 111 fishermen remain destitute and unpaid for five months since the allocation of fishing quotas," Garoeb wrote.

"Our position is based on documented evidence, and our demands reflect the legitimate grievances of workers who have been left destitute," he stated.

He added: "As it stands, the union stands firm and is looking forward to the litigation of this matter in any court of law."

The union claims the fishermen were allocated under the Government Employment Redress Programme (GERP) through ministry letters dated 2 February and 13 April.

He further referred to a meeting held with President Netumbo Nandi-Ndaitwah between 22 and 24 April, where it was reportedly stated that Merlus Cormorant had 292 employees, a reserved quota of 2 735 metric tonnes and a signed agreement under the programme.

"When asked if the 111 fishermen were part of the 292, the minister confirmed they were," Garoeb claimed.

"Based on this, it is clear that misleading information has been presented to the public and the president,” he stated, adding that to date, the fishermen remain without contracts, which Merlus has confirmed.

Misleading and false

The response follows a 19 June letter from Katzao demanding that the union cease linking Merlus to unpaid wages and quota allocations and issue a formal retraction within 72 hours.

"The claim that Merlus owes five months of back pay to these individuals is devoid of any truth and legally incorrect," Katzao said. "No employment relationship currently exists between Merlus Cormorant and these 111 individuals due to outstanding administrative and placement mismatches."

In a media statement issued last Friday, Katzao said the company had "actively tried to resolve" administrative challenges surrounding the placement of the affected fishermen.

He said the company's formal GERP designation agreement was only received on 10 June and would take effect once employment had been offered to and accepted by workers.

"Because contracts have not been finalised, no wages have been generated or withheld," he explained.

Katzao also disputed assertions that the company had received a 2 655 metric tonne quota allocation intended for the 111 fishermen, saying they are “completely false”.

“This quota belongs to a completely separate group of 262 GERP employees who are currently fully, gainfully, legally and happily employed by Merlus. Zero quota has been released by the government for the new group of 111 individuals."

Katzao said Merlus had repeatedly offered onshore factory positions to the group because all sea-going positions within its fleet were occupied.

"Merlus Cormorant repeatedly offered onshore factory employment to the group. However, during direct consultations, the workers explicitly stated they would only accept employment at sea and refused factory placement."

He said the company refuses “to allow our corporate reputation to be manipulated by labour representatives and their proxies who deploy highly emotional public appeals to spread distorted facts and mislead the nation".

Defending workers’ rights

Garoeb rejected allegations that the union was attempting to incite labour unrest or damage the company's reputation.

"We are not appealing to public sympathy, inciting labour unrest, or damaging corporate reputation. Our actions are solely to defend the rights and interests of our members and to seek justice for the voiceless," he said. "We will not be silenced by emotional accusations."

The union further declared it would not “retract petitions submitted to the ministry and media, as our members remain unemployed despite your misleading information”.

Despite the dispute, Garoeb said the union remains willing to engage.

"As a progressive union that believes in collective bargaining, we are willing and calling for an urgent meeting to resolve this longstanding backpay and employment of the 111 members," he said.

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