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DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

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Page 1: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

DIRECTORATE: LABOUR RELATIONS

2 HOUR SESSION ON

LABOUR RELATIONS FORUMS

Page 2: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PROGRAMME

1. OPENING AND WELCOME

2. PURPOSE AND OBJECTIVES

3. FEEDBACK AND DEVELOPMENT WITHIN THE DIRECTORATE : LABOUR RELATIONS

4.FEEDBACK AND DEVELOPMENT ON BARGAINING COUNCILS

5.TRAINING

6. NEEDS ANALYSIS

7. GENERAL

8. NEXT MEETING AND CLOSURE

Page 3: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PURPOSE AND OBJECTIVES

INFORM EMPLOYEES OF DEVELOPMENTS WITHIN THE DIRECTORATE : LABOUR RELATIONS AND PUBLIC SERVICE

BUILD AND DEVELOP A WELL - INFORMED WORKFORCE

KEEP EMPLOYEES INFORM WITH REGARD TO ELRC & PSCBC MATTERS

KEEP EMPLOYEES INFORM WITH REGARD ANY LABOUR RELATIONS MATTERS

TRAIN THE TRAINER CONCEPT

Page 4: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

FEEDBACK AND DEVELOPMENT WITHIN THE DIRECTORATE : LABOUR RELATIONS

GRIEVANCES AND DISPUTES

MISCONDUCT

COLLECTIVE BARGAINING , POLICY RESEARCH AND TRAINING

Page 5: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

DISPUTES STATISTICS

Educators (Jan - June 2003) = 131Other: Unfair labour practices and misconduct

12

52

67

Right-sizing

Other

Posts

Page 6: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

DISPUTES STATISTICS

Public Service Staff (Jan - June 2003) = 29

6

23

Disputes

Grievances

Page 7: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

NATIONAL STATISTICS 2002/03

DISPUTES (Total) 1 117 referred to the Council

• 788 successfully dealt with through conciliation or arbitration

• 162 cases are still being processed• The remaining cases were withdrawn

Page 8: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

NATIONAL DISPUTES STATISTICS 2002/03

January 2002 - March 2003 = 1 117

41

21

9

7

6

64 3 2

KwaZulu-NatalEastern CapeLimpopoGautengWestern CapeFree StateNorth WestMpumalangaNorthen Cape

Page 9: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PROGRESSIVE DISCIPLINE

CommentsIs it implemented at our institutions?

Page 10: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

MISCONDUCT STATISTICS

Total educator cases(Jan - June 2003) = 347

29

156

162

Sexual offences

Other offences

Other transgressions

Page 11: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

MISCONDUCT STATISTICS (Continue)

Total Public Service Staff cases(Jan - June 2003) = 87

3

25

59

Sexual offences

Other offences

Other transgressions

Page 12: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

TOTAL MISCONDUCT STATISTICS

Total (Jan - June 2003) = 434

32

181221

Sexual offences

Other offences

Other transgressions

Page 13: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

COLLECTIVE BARGAINING, POLICYRESEARCH AND TRAINING

Phasing out of bus transport Alignment of Performance

Management, WSE and DAS Incentive scheme for educators Salary grading system for educators Implementation of mentorship and

curatorship

Page 14: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

COLLECTIVE BARGAININGRESEARCH AND TRAINING

(Continue)

Transfer of serving educators in terms of operational requirements

Workload / time for educators Time-off Procedural Manual Safety at

Schools

Page 15: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRCVOTE WEIGHTS

EMPLOYER - - 25Representatives

SADTU 210 235 60,90 % 15Representatives

NAPTOSA 95 988 27,57% 7Representatives

SAOU 41 315 11,53% 3Representatives

Page 16: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRC RESOLUTIONS OF 2002

1. VOTE WEIGHTS FOR TRADE UNIONS TO THE ELRC

2. APPOINTMENT OF CONCILAITORS / ARBITRATORS

3. PERFORMANCE MANAGEMENT & DEVELOPMENT SCHEME FOR OFFICE BASED EDUCATORS [PMDS]

- provide a basis for decisions on salary progression, rewards - the PS Regulations to be used as a basis for rewards

Page 17: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRC RESOLUTIONS OF 2002( cont.)

annual cycle commencing 1 April - develop a workplan - agree on the capabilities - provide on-going review and feedback - quarterly reviews must be had - annual performance appraisal - personal development planning - upward feedback

4. PERMANENT APPOINTMENT OF UNQUALIFIED EDUCATORS

- REVQ10 with 10 years satisfactory service at 31/12/2001 - effective once system of evaluation has been agreed upon

Page 18: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRC RESOLUTIONS OF 2002( cont.)

5. RECOGNITION FOR IMPROVEMENT IN REQV - an educator who qualifies for a salary adjustment must

submit proof within 12 months of obtaining it in order to receive the adjustment from the date it was approved;

-failure to do so will result in the adjustment being effective on date of submission

6. IMPLEMENTATION OF THE BCEA IN EDUCATION -agreed that the provisions of the PAM apply to educators -

payment and authorization of overtime shall be in terms of the PAM - Sunday work will paid in terms of the PAM -educators at schools will have one or more breaks iro meals,

the total of which will not exceed 30 minutes -no pay for night work iro duties after 6pm at an institution

Page 19: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRC RESOLUTIONS OF 2002( cont.)

7. APPOINTMENT OF FULL-TIME SHOP STEWARDS

8. PAYMENT OF ACTING ALLOWANCE FOR AN EDUCATOR ACTING IN A HIGHER POST WHERE THE PERMANENT INCUMBENT IS ABSENT

- w.e.f 1April 2003 - circumstances - maternity leave - sick leave - study leave - suspension - secondment - appointment must be longer than 12 weeks but less than

12 months

Page 20: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

ELRC RESOLUTIONS : 2003 1.Evaluation procedures and performance standards for institution base

educators( The purpose of this agreement is to identify the evaluation procedures, processes and performance standards for institution baesd educators)

2. Transfer of serving educators in terms of operational requirements

( The purpose of this agreement is to amend measures regarding the transfer of serving educators in terms of operational requirements)

3. Protocol and instrument for use when observing educators in practice for the purpose of whole school evaluation(WSE) and development appraisal system( DAS) ( The purpose of this agreement is to provide a protocol and instrument for use when observing educators of Whole School Evaluation (WSE) and Developmental Appraisal System)

4. Post and salary structures for educators( The purpose of this agreement is to amend the PAM in order to reflect the new post and salary grading system for educators)

5. Amendment to Measures dealing with the Recognition of Experience of Educators gained outside Public Education prior 1 July 1996

Page 21: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PELRCVOTE WEIGHTS

EMPLOYER - - 20Representatives

SADTU 12 830 51,74 % 10Representatives

NAPTOSA 8 709 34,76% 8Representatives

SAOU 3 350 13,50% 2Representatives

Page 22: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PELRC RESOLUTIONS

1: A common understanding on the implementation of ELRC Resolution 5 of 1998 and

guidelines for interviews• ELRC Resolution 5 of 1998 contains the agreed to process for

the filling of educator posts at institutions.

• Differences in application and interpretation of the said resolution have led to several alleged unfair labour practice disputes.

• Clause 3.7 in Schedule 1 of this resolution required the provincial chamber to develop guidelines for interviews.

Page 23: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PELRC RESOLUTIONS(cont)

2: Terms of reference for the Western Cape Provincial Chamber’s Standing Committee (STANCO)

• By means of this resolution STANCO was established in terms of a decision of chamber adopted at its (AGM) on 6 August 2001.

• STANCO comprises of the chief-negotiators (or an alternative) of parties, the PELRC Chairperson and the Secretary.

• Party representation is as follows:

– WCED: 3

– NAPTOSA: 1 SADTU: 1 SAOU: 1

• STANCO informs the chamber on matters of processes and procedures.• STANCO propose the agenda of meetings and a schedule of activities to

chamber and deal with matter referred to it by chamber.

Page 24: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PELRC RESOLUTIONS (Cont)

3: A common understanding on the interpretation and application of formal disciplinary procedures for educators

• This resolution deals with Schedule 2 of the Employment of Educators Act 76 of 1998 (as amended).

• The resolution deals with the following phases of formal disciplinary procedures:

– Pre-hearing phase.– Hearing.– Post-enquiry / Hearing.

Page 25: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

MATTERS DEALT WITHIN THE PELRC

EMPLOYMENT EQUITY EE Plan has been consulted and finalised and is

applicable since October 2002 Presently only applicable to H/O and EMDC personnel Currently in process of drafting a plan for institutions

SKILLS DEVELOPEMET PLAN Work Place Skills Plan finalised An amount of R 8 137 000 had been allocated to WSP

• 80% was divided among the EMDC TC’s

• 11% was divided between the Head Office and FET TC’s

Page 26: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

MATTERS DEALT WITHIN THE PELRC (Continue)

NATIONAL TEACHING AWARDS A steering committee and the adjudication teams had

been established. The nominations closed on 30 May 2003 Educators at FET institutions are excluded

DEVELOPMENT APPRAISAL WCED awaits finalization of national

developments around DAS before implementing it

Page 27: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

MATTERS DEALT WITHIN THE PELRC (Continue)

SAFETY AT SCHOOLS Approved a procedure manual for managing

safety and security within WCED institutions

PROVINCIAL EMPLOYEE AIDS PROGRAMME Coordinated by the provincial Health Department WCED in the process of developing a policy on

HIV/AIDS in the workplace

Page 28: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

PSCBC RESOLUTIONS :2003

1. Amendments to the disciplinary code

2. Annual Wage Increase

3.Amendments to Resolution 1/1998

( Agency shop agreement)

4. Levy agreement

5. Long service agreement(draft)

6.Long service agreement

Page 29: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

TRAINING12:30 – 13:00 Registration and tea

13:00 – 13:15 Welcome and Introduction

13:15 – 13:35 Amendments to the LRA

13:35 – 13:55 Amendments to EducationLaws

13:55 – 14:15 Amendments to the BCEA

14:15 – 14:30 Comfort break

14:30 – 15:00 Time off

15:00 – 15:30 Filling of posts

15:30 – 16:00 Resolutions signed in2002/3

16:00 – 16:05 Evaluation

Page 30: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

NEEDS ANALYSIS

IS THERE A NEED FOR SUCH FORUMS?

TOPICS TO BE DISCUSSED AT FUTURE MEETINGS

Page 31: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS

CONTACT NUMBERS

COLIN ESAU : (021) 467-2857FRITZ BRAND : (021) 467-2368

FAX : (021) 461-5629

E-MAIL : [email protected]

[email protected]

Page 32: DIRECTORATE: LABOUR RELATIONS 2 HOUR SESSION ON LABOUR RELATIONS FORUMS