Warrant sought against One Productions

The General Workers' Union and a company employee, Mary Cefai, yesterday filed an application in the First Hall of the Civil Court requesting the issue of a warrant of prohibitory injunction against One Productions Limited.

The court was requested to stop the company from allowing its disciplinary board to meet concerning charges issued against Cefai on February 13.

The court was further requested to prohibit the board from deciding upon the charges on the basis that that would run counter to the collective agreement.

In the application, the union and Cefai claimed that the company had written to Cefai in May last year warning her about internal procedures.

Cefai was ordered immediately to observe the procedures outlined in the letter and to hand over monies collected by her that belonged to One Club.

Cefai was also ordered to hand over money deriving from an obituary notice.

Although Cefai had observed the instructions given her, she was suspended on full pay in November, 2003.

No allegations were made against Cefai but she was told that her case would soon be heard.

In February, the company sent Cefai a letter containing a number of allegations against her, relative to February, May and November 2003 and in a further letter she was told that a disciplinary board had been appointed to hear her case.

Applicants claimed that the conditions of employment between Cefai and One Productions Ltd were governed by a collective agreement that provided that the employee had to be informed in writing within 30 days from the alleged offence. The company, the applicants submitted, had failed to file any charges against Cefai within this time limit, nor had it made any allegations of theft or other crimes.

The union had informed the company in writing that any proceedings against Cefai were time-barred in terms of the collective agreement and had requested that she be reinstated.

However, the company had instead got the disciplinary board to meet in the absence of Cefai and her representatives.

Furthermore, One Productions Ltd had halted payment of Cefai's salary even though she was still a company employee.

This, applicants said, was in violation of the law.

Although a conciliation meeting had been held at the Director of Labour, the company had proceeded to inform Cefai that the disciplinary board would meet on March 10 to take a final decision.

The court was therefore requested to issue a warrant of prohibitory injunction against One Productions Limited.