23rd January 2024
This ultimatum comes in response to the club’s decision to expel 22 players and the reported non-payment of salaries to their staff.
Following the disciplinary hearing outcome, SAFPU President Thulaganyo Gaoshubelwe addressed the media, expressing dissatisfaction with Swallows’ immediate expulsion of the players.
The Union has given the club 24 hours to reconsider its decision, emphasizing that failure to do so will lead to legal action in the DRC.
Gaoshubelwe, during a press conference in Johannesburg on Tuesday, confirmed that Swallows had not fulfilled their financial obligation to staff, opting instead to issue suspension letters on grounds of bringing the club into disrepute.
"If Swallows does not tell us exactly what's happening, firstly, they must give us the verdict in terms of the sanction. They are adopting the chairperson's recommendations or not. To the extent that they will adopt it and fire the players who run straight to the Dispute Resolution Chamber,” Gaoshubelwe said.
“They are saying 'This is our decision' because they would have breached unlawfully the players’ contracts. So, this is an unlawful breach of the players contracts because we believe that they were subjected to an unfair disciplinary process, that could not even substantiate why they were given the charges that they were.
“I mean one of the things they say they were charged in line with the PSL handbook, the PSL handbook doesn't make a provision for strikes and only charge these in terms of the Labour Relations act when you say they absconded, they did this and that and you are then able to address it from that particular angle."
After deliberations, the union has advised the players to decline the recommendations from the Chairperson of the Swallows Disciplinary Hearing, urging them not to apologize and to resist accepting the proposed outcome.
"Just to clarify, the way forward in terms of what would happen. I mean those things that are the main recommendations up until Swallows takes a serious position on them and Swallows is deliberately not doing that, just to hold back the players,” he added.
“We've called on Swallows, we've written to them to ensure that they give the players the verdict so that the players can know where to go because, at the moment, we know on records that the players have been approached to go back and check their contracts and they've been threatened to say, 'The chairperson has said one, two, three. You must be fired and if you don't accept that, you must first apologise' and we said the players must reject that approach because that approach seeks to undermine the contractual responsibilities of Swallows towards the players as it is.
“We're hoping that by the end of business today or the latest tomorrow, we will get the response from Swallows."
Swallows players are facing challenges as they do not receive pay slips and, consequently, are unable to file claims for compensation with the Unemployment Insurance Fund (UIF) due to months of non-payment.