AUTOFORUM - Informed and innovative

MISA comment - Punish the Motus Group for bullying its employees

Feb 03, 2026 MISA, the Motor Industry Staff Association, Labour Court, Motus Group


MISA comment - Punish the Motus Group for bullying its employees

 

MISA, the Motor Industry Staff Association, asked the Labour Court to interdict the Motus Group to stop bullying 223 employees with its ultimatum that they must accept unilateral changes to their conditions of employment to avoid being retrenched without severance pay.

 

Dr Gerrie Ebersöhn, on behalf of MISA, argued that the Motus Group completed its Section 189 restructuring process without stating retrenchment as an option. When met with opposition to its plans, the Motus Group resorted to undermining the Union, having meetings with affected employees without Union representatives present to try and force them to accept the offer.

 

Only after MISA’s first interdict application to prevent the Motus Group from implementing unilateral changes was served, did the employer “change its mind” and made a revised offer not to touch basic salaries, but to unilaterally take away benefits not exceeding the value of 20% CTC.

 

Ebersöhn asked the court to make an exception in the case of Motus Group by awarding a punitive cost order against the employer for its persistent bullying of its employees.

Adv Andrew Redding, SC, on behalf of the Motus Group, disagreed. According to him MISA’s applications were based on misconceptions, and the Union did not make out a sufficient case for the orders to be successful. According to him MISA accepted the economic rational as to why the Motus Group had to cut back on costs but want to delay and frustrate the process to the benefit of affected employees. Motus Retail’s sustained financial performance is under pressure. Its market band declined from 91,3% to 80% while sales declined 15% over the past two years.

 

The Motus Group believes the car allowance and incentives that employees enjoy, is not proven to be conditions of employment.

 

MISA asked the Court to protect MISA’s members against the draconian, authoritarian, unfair and unlawful ultimatums of the Motus Group pending the Union’s dispute against Motus at the Motor Industry Bargaining Council’s (MIBCO) Dispute Resolution Centre (DRC), will be heard. The Union’s unilateral changes to terms and conditions of employment dispute will be heard on 16 February.

Judgement has been reserved.

  

#PROUDLYMISA #MISALEADS #MISACARES #MISAONTHEMOVE #MISAFAMILY

Back