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DIRECTORATE: LABOUR RELATIONS
LABOUR RELATIONS FORUM:
3rd Quarter 2005
Time Arrangements
12:45 – 13:00
Registration
13:00 – 14:30
First half of presentation (INFORMATION SESSION)
14:30 – 14:45
COMFORT BREAK
14:45 – 16:00
Second half of presentation
(DISCUSSION SESSION)
Programme1. Opening and welcome
2. Standing items Feedback from: Directorate: Labour Relations Public Service Co-ordinating Bargaining Council Education Labour Relations Council Provincial Education Labour Relations Council
3. New items Know your rights workshop for post level 1 educators
4. General Tribute to our women in the workplace
5. Next meeting and closure
Feedback : Directorate Labour Relations
Statistics on : Grievances and Disputes Misconduct
Arbitration Awards Disputes Misconduct
17
75
37
1812
22
45
68
WESTCOAST
CENTRAL
NORTH
EAST
SOUTH
S/CAPE
OVERBERG
H/O
GRIEVANCES & DISPUTES June 2005
Total = 294
Comparison of last Quarter(Grievances and Disputes)
March 05 : 271June 05 : 294
12
20
4852
71
34
29
4
15
22
45
68
75
37
18
12
0
10
20
30
40
50
60
70
80
Mar-05 Apr-05 May-05 Jun-05
W/WCentralNorthEastSouthS/CapeOverbergH/o
TYPE O FMISCONDUCT
NO RTH
CS PS
EAST
CS PS
SOUTH
CS PS
CENTRAL
CS PS
WEST COAST/
WINELANDS CS PS
OVERBERG
CS PS
SOUTH CAPE /KAROO
CS PS
H / O
CS PS
TO TAL
CS PS
Sexual assault of learner 3 - - - 1 - 2 - 1 - 1 - 1 - - - 9 -
Sexual harassment 1 - - - - - - - - - - - 1 - - - 2 -
Assault with intention tocause grievous bodilyharm
- - - - 1 - - - - - - - - - - - 1 -
Assault 9 - 5 - 5 - 2 - 2 1 9 1 1 - - - 33 2
Corporal Punishment - - 3 - 2 - - - 1 - - - - - - - 6 -
Theft, bribery or fraud 4 4 2 2 7 4 1 1 2 1 - - 1 - - - 17 12
Financialmismanagement
1 1 2 1 4 2 4 - - - 2 2 1 - - - 14 6
Unlawful possession offirearm - - - - - - - - - - - - - - - - - -
Wrongly possession ofstate property
- - - - - - - - - - - - - - - - - -
Falsification of records - - - - - - - - - - - - - - - - - -
Misuse of state property - - - - - - - - - - - 1 - - - 1 - 2
Fails to comply orcontravenes any Act,Regulation or legalobligation
- - - - - - - - - - - 1 - - - - - 1
Unjustifiably prejudicesthe administration of thedepartment
- - - - 1 - - - - - - - - - - - 1 -
Under the influence ofintoxicating substance - - - - 1 1 - - - - 1 - - - - - 2 1Improper conduct 4 - 3 - 4 1 1 1 3 - 7 1 - - - - 22 3
Dishonesty - - 1 - - 1 - - - - - - - - - - 1 1
Absenteeism 2 2 2 - 7 2 1 2 1 2 - 3 2 - - - 15 11
Failing to carry out alawful order 1 - 1 1 2 - - - - - - - - - - - 4 1
SYSPENSION 1 - - - 2 - 1 - - - 1 - - - - - 5 -
TO TAL 26 7 19 4 37 11 12 4 10 4 21 9 7 0 0 1 132 40
14
16
48
7
301
33
23
WESTCOASTCENTRALNORTHEASTSOUTHS/CAPEOVERBERGH/O
MISCONDUCT : JUNE 2005
Total 172
Comparison of last Quarter(Misconduct)March 05 : 250June 05 : 172
2421
53
62
47
8
28
7
14
16
33
23
48
7
30
10
10
20
30
40
50
60
70
Mar-05 Apr-05 May-05 Jun-05
W/WCentralNorthEastSouthS/CapeOverbergH/oTotal
Arbitration awards
Test the waters.
Feedback on the PSCBC
Feedback on Employer Initiative Package (EIP) on the cards
Feedback on the Public Service Medical Scheme (GEMS)
Membership statistics of the PSCBC
PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCILMEMBERSHIP STATISTICS
(PERIOD 20 APRIL 2005 TO 29 JUNE 2005)
MEMBERSHIP CLAUSE 10PHW GP SS EDUCATION TO TAL
TRADE UNIO N
SECTO R SECTO R SECTO R SECTO R
VO TE WEIGHT
CLAUSE 11
REPS
CLAUSE 12
DENOSA 67,871 67,871SAMA 4,806 4,806TOTAL 72,677 0 0 0 72,677 7.283% 4
HOSPERSA 36,391 6,024 82 5,518 48,015NATU 1 28,952 28,953NUPSAW 10,203 13,958 4,771 28,932TOTAL 46,594 19,983 82 39,241 105,900 10.612% 5
NAPTOSAAPEK 5,249 5,249ITUSA 3,484 3,484NUE 14,928 14,928OFSATA 4,590 4,590PEU 19,728 19,728SAOU 21,714 21,714SAUVSE 1,244 5,271 6,515USAPE 8,559 8,559TOTAL 0 1,244 0 83,523 84,767 8.495% 5
NEHAWU 73,171 79,814 152,985PAWUSA 7,633 11,376 205 19,214TOTAL 80,804 91,190 0 205 172,199 17.256% 5
POPCRU 22,613 55,134 77,747SASAWU 3,121 9,486 12,607SADNU 8,983 8,983TOTAL 12,104 32,099 55,134 0 99,337 9.955% 5
PSA 31,581 110,618 11,082 10,971 164,252UNIPSA 3,589 3,589NPSWU 9,512 1,164 10,676TOTAL 41,093 115,371 11,082 10,971 178,517 17.890% 5
SADTU 212,090 212,090CTPA 6,742 6,742TOTAL 0 0 0 218,832 218,832 21.930% 5
SAPU 65,657 65,657TOTAL 0 0 65,657 0 65,657
GRAND TOTAL 253,272 259,887 131,955 352,772 997,886 100.00% 38
PSCBC STATS
0
50,000
100,000
150,000
200,000
250,000
PH
W GP SS
Edu
cati
on
Tot
al
Denosa&SamaHosp./Natu/NupsNaptosaNehawu& PawusPopcru& othersPsa and othersSadtu & CtpaSapu
Feedback on the Education Labour Relations Council (ELRC)
New resolutions: 2005–4 Resolutions have been signed thus far – Vote weights– Backlog in salaries– IMQS for school based education Therapists and
Psychologists– IMQS System for Public FET College Based
Educators
• NB New salary scales attached wef 1July 2005
CURRENT ISSUES (ELRC)
MATTERS CURRENTLY UP FOR NEGOTIATION: IQMS (1% Increment)Grading norms for institutionsABET educators (Conditions of Services)FTSS IncentivesRewards
Feedback on PELRC Meeting 23/5/05
Skills Development National Teaching Awards Safer Schools NPDE HIV in the workplace Employment Equity Transformation
Skills Development
• The proposed division of the budget allocation for skills development has not been finalised yet
• Dispute regarding the allocations
• Meeting scheduled for 28 July 2005
• Watch the space
National Teaching Awards
An advert was placed in the newspaper, as well as using radio stations to inform school communities of the NTA
Adjudication Process 2005• Training for the adjudication panels has taken place
on 26 May 2005• A training session for the South Cape / Karoo
Cluster was held separately. Nomination Forms / Dates
• Information guides were sent to schools and the nomination forms were posted on the HRD website
Safety at Schools
The Procedural Manual which was launched on 18 February 2004 offers information regarding Safe Schools Policy and practical advice to school management, School Governing Bodies, School Safety Committees as well as the Education Management and Development Centers
Safety at Schools (cont.)
The Division Safe Schools has a three-pronged approach which calls for the implementation of crime control, crime prevention and systems strategies
The three pronged strategy is:• Environmental programs (crime control)• Behavioral / Attitudinal programs (crime
prevention)• Systems programs
Safety at Schools (cont.)
A Provincial indaba to discuss safety at schools is still in the planning stage for 2005 where all relevant stakeholders will be on board, including provincial departments of Community and Safety and Works
A questionnaire was sent to 20 schools per EMDC to ascertain the effectiveness/barriers of the manual
No stats available yet
NPDE
The WCED experienced minor problems with the administration of the program by the service providers
Service providers were requested to put a process in place to ensure that students do not receive statements for payment, raising unnecessary enquiry's from the students.
The WCED was invited to make a presentation on the WCED’s expectation on the delivering of the programs and service
NPDE (cont.)
The workshop took place on 2 March 2005 and gave the WCED and service providers the opportunity to be mindful of the challenges and service required
HIV & AIDS in the workplace
This policy and “Policy in a Nutshell” was distributed to all institutions at the end of February 2005
Peer Educator Training took place and the names of educators being trained as Peer Educators were forwarded to the HIV Life Skills Program.
HIV & AIDS In the workplace (cont.)
The WCED hosted a VCT campaign for all EMDC’s except the South Cape/Karoo, as a service provider had to be awarded by the Department of Health
As soon as the service provider is appointed, VCT will be provided in certain identified towns
EMPLOYMENT EQUITY
The Chief Directorate: Human Resource Management discussed the Implementation Directive and identified practical issues
The concerns related to the practical issues, ie monitoring procedures, support from the EMDCs and training to SMTs and SGBs to which solutions must be provided
The directive is currently with the MEC for approval
TRANSFORMATION AND RESTRUCTURING: SUMMARY PER
EMDCEMDC EXCESS
EDUCATORSJAN 2005
EXCESSEDUCATORIDENTIFIED
NO. OFEXCESSEDUC. NOTIDENTIFIED
NO. OFGRIEVANCE
EDUCATORMATCHED /REDEPLOYED /OTHER
REMAINEDEXCESSEDUCATORS
VACANTPOSTS
CENTRAL 15 7 6 1 2 13 16
SOUTH 44 21 16 2 7 37 36
NORTH 34 27 0 1 7 26 14
EAST 39 12 22 None 5 34 10SOUTH CAPEKAROO 32 12 8 1 12 20 17BREEDERIVIER /OVERBERG
34 18 11 None 5 29 18
WESTCOASTWINELANDS
34 22 8 None 4 30 17
LSEN
COLLEGES 17 16 0 None 1 16 0
TOTAL 249 135 71 5 43 205 128
KNOW YOUR RIGHTS AND RESPONSIBILITIES
Completed 3 EMDCs thus far Received positive responses Great need for labour relations training Request educators who attended the workshop
to share info with colleagues Confident that the workshop will bring
harmony at institutions
KNOW YOUR RIGHTS AND RESPONSIBILITIES (Cont.)
Topics that were discussed at the workshop Legislation Grievances Disputes Misconduct Bargaining councils Organisational rights
The entire workshop with slides is available on our website
Legislation
CONSTITUTION(ACT 108 OF 1996)
LABOUR RELATIONS ACT (LRA) (ACT 66 OF 1995)
BASIC CONDITIONSOF EMPLOYMENT
ACT (ACT 75 OF 1997)
EEMMPPLLOO YYMM EENNTT OOFFEEDDUUCCAATTOO RRSS AACCTT((AACCTT 7766 OO FF 11999988))
SSKKIILLLLSS DDEEVVEELLOOPPMM EENNTTAACCTT
((AACCTT 9977 OO FF 11999988))
EMPLOYMENTEQUITY ACT
(ACT 55 OF 1998)
SOUTH AFRICANSCHOOLS ACT
(SASA) (ACT 84 OF
1996)
REGULATIONS / PERSONNELADMINISTRATION MEASURES
(PAM)
PSCBC AND ELRCRESOLUTIONS
Grievances and Disputes
GRIEVANCE Chapter H of the EEA/76/1998
ORAL INTERVIEW - Between the grievant & the Head of Institution/Supervisor
FORMAL GRIEVANCE - Grievant lodges with the
Head/Supervisor within 90 days in writing
UNRESOLVED : The grievant will inform the EMDC in writing within
10 days
RESOLVED: The Head will communicate the outcome to
the Provincial Dept
The EMDC Head will attempt to resolve the grievance
Should the grievant still remain dissatisfied he/she can register
the dispute with the Council
DISPUTE OF INTEREST 1. Service Benefits Disputes, 2.Wage Disputes,3.Working Hours/Leave etc
COUNCIL:1.Unfair Labour Practice,
2.Dismissals REFERRAL TO THE CCMA
FOR CONCILIATION & ARBITRATION
-CONCILIATION & -ARBITRATION
INDUSTRIAL ACTION
DISPUTES 1. Unresolved grievances
2. Grievant still dissatisfied with the outcome
DISPUTE OF RIGHT 1. Unfair Labour Practice,2.Dismissals
3. Discrimination/Equity
CCMA: 1.Discrimination
2.Equity
LABOUR COURT
ARBITRATION -With the consent of both parties
Misconduct
Progressive disciplineDisciplinary meetings and hearingsSanctionsAppeals
Bargaining CouncilsPSCBC
Public Service Coordinating Bargaining Council
ELRC Education
Labour Relations Council
GPSSBC General Public
Service Sectoral Bargaining
Council
PELRC Provincial Education
Labour Relations Council
CCPWCP Coordinating Chamber Of the Public
Service of the W estern Cape Province (Deals with transverse issues within the
Province)
SSSBC Safety & Security Sectoral
Bargaining Council
PHWSBC Public Health &
Welfare Sectoral
Bargaining Council
Government Departments: Public Service & Administration;Culture, Science & Technology;Environmental Affairs and Tourism;Correctional Services; Home Affairs;Land Affairs;Housing;Justice; Labour;Transport;Agriculture;Public Works;Education;Trade & Industry etc
The role of the 2 Councils is to deal only with
issues affecting the Education
Sector
Organisational Rights
Right to belong to a unionRight to accessRight to stop-order facilitiesLeave for trade union activitiesDisclosure of informationRight to strike
WHETHER Protected or Unprotected Strike the principle of no work no pay will always apply
TRAINING WORKSHOP (CONT.)
DATES (REMINDER)
• Various EMDCs
PLEASE ADVISE YOUR EDUCATORS ACCORDINGLY:
IT MAY BENEFIT YOU IN THE FUTURE
GeneralTribute to our women in the
workplace We salute all our women and commemorate
Women’s Day with them on 9 August 2005 Labour of Love (Document)
Presenters
Fritz Brand : (021) 467 -2399Fax : (021) 425 -8612E-Mail : [email protected]
Roy Jansen : (021) 467-2863Fax : (021) 425-8612E-Mail : [email protected]