Merlus Cormorant Fishing is threatening legal action against a union over its allegations of unpaid wages and fishing quotas for 111 former Walu Fishing workers.
The dispute between the Mining, Metal, Maritime and Construction Workers’ Union and the company follows a cease-and-desist letter dated 19 June in which Merlus chairperson Stanley Katzao accuses union representatives Godfried Kuhanga, Snard Heita and Joseph Garoeb of spreading false information about the company.
Katzao says the statements linking Merlus to unpaid wages and alleged misuse of fishing quotas are incorrect.
“You know, or reasonably ought to know, that these statements are factually incorrect,” he says in the letter.
He says the company had no employment contracts with the 111 fishermen, adding they had refused the employment arrangements offered to them.
“No employment contracts exist between Merlus Cormorant and the 111 individuals,” Katzao says.
The company in the letter demands that the union’s representatives “immediately cease and desist from making further false public statements” and issue a written retraction to the government and media within 72 hours (of 19 June).
Merlus warns that failure to do so would leave it with no option but to pursue legal action.
The union has, however, rejected the claims and insists its statements are based on government records and official communication under the Government Employment Redress Programme.
In a response dated 22 June, union secretary general Joseph Garoëb says the union will not retract its position.
“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,” he writes.
He says government records presented during meetings indicate Merlus Cormorant Fishing had been allocated quotas and that the 111 workers formed part of its allocation.
“When asked if the 111 fishermen were part of the 292, the minister confirmed they were,” Garoëb says.
The union further says workers remain without contracts despite the allocation process.
“Thank you for confirming that no employment contracts were issued to the 111 members. To date, they remain without contracts,” Garoëb writes.
Documents from the Ministry of Agriculture, Fisheries, Water and Land Reform dated 2 February show former Walu Fishing workers were reallocated to various fishing companies under the redress programme, including Merlus Cormorant Fishing.
“This letter serves to formally notify you of the reallocation of all former employees of Walu Fishing (Pty) Ltd,” executive director Teofilus Nghitila writes.
It allocates 56 workers to Merlus Cormorant Fishing, while others are assigned to Legatum Investment, Hangana Seafood and Mabasen Atlantic Fishing.
The union says it will continue with its campaign and is prepared to defend its position if the matter goes to court.
