South African telecommunications services provider Telkom has accused the Information Communication and Technology Union (ICTU) of misrepresenting the details of a Labour Court order.

This latest development stems from the consultation process initiated between Telkom and union representatives to do with the telecommunication service provider's restructuring process and turnaround strategy.

Earlier this month Telkom announced "next steps to unlock further cost efficiencies" that would impact on Telkom Direct Stores, Call Centres, IT Legacy Systems and internal printing and supply chain and properties.

The Company initiated a Section 197 process for staff impacted in these areas of the business and stated at the time that "these affected employees will be transferred to their new employers in the coming months."

Affected employees from the closure of some of the Company's 95 Telkom Direct Stores were said to have been notified of the decision and, in terms of the Labour Relations Act, have been issued with Section 189 Notices.

The official consultation process began on Friday 20 February, reportedly facilitated by the Commission for Conciliation, Mediation and Arbitration.

However, the ICTU brought an urgent application against Telkom. The Johannesburg Labour Court ordered that the consultation process could not continue without the involvement of the ICTU.

The Union is believed to have issued a statement claiming the court order stops current processes and ensures their involvement in future consultations.

Regional media have quoted spokesperson Thabang Mothelo as saying, "As we will be going back to the table we will make it clear to Telkom that their plan to sell and retrench is opposed by ICTU unapologetically."

However, on Wednesday 25 February Telkom released its own statement saying "It is disappointing that the Information Communication and Technology Union (ICTU) have chosen to completely misrepresent the facts contained within today's Order by the Labour Court of South Africa. Telkom's restructuring process has not in any way been halted by the order. The Court granted the relief as neither Telkom nor the other unions oppose the application.

The ICTU will be included in all the current formal consultation processes, once the formal consultation process begins.

South African law differentiates between recognised and registered unions. The ICTU is a registered union but is not recognised by Telkom. The Labour Relations Act also states that registered unions must be included in formal consultation processes on matters such as a Section 189 and Section 197 processes, if their members may be affected."

The telecommunications service provider has argued that the ICTU will be included in formal consultations, but these have not yet started.

Telkom also described ICTU's claims that it had retrenched employees "prior to serving them with notices that their employment will be terminated prior to consultation" as untrue.

Attempts to solicit further comment from the ICTU proved unsuccessful at the time of publishing.