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DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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Page 1: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

DIRECTORATE: LABOUR RELATIONS

LABOUR RELATIONS FORUM:

3rd Quarter 2005

Page 2: 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)

Page 3: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 4: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

Feedback : Directorate Labour Relations

Statistics on : Grievances and Disputes Misconduct

Arbitration Awards Disputes Misconduct

Page 5: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

17

75

37

1812

22

45

68

WESTCOAST

CENTRAL

NORTH

EAST

SOUTH

S/CAPE

OVERBERG

H/O

GRIEVANCES & DISPUTES June 2005

Total = 294

Page 6: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 7: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 8: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

14

16

48

7

301

33

23

WESTCOASTCENTRALNORTHEASTSOUTHS/CAPEOVERBERGH/O

MISCONDUCT : JUNE 2005

Total 172

Page 9: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 10: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

Arbitration awards

Test the waters.

Page 11: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 12: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 13: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 14: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 15: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

CURRENT ISSUES (ELRC)

MATTERS CURRENTLY UP FOR NEGOTIATION: IQMS (1% Increment)Grading norms for institutionsABET educators (Conditions of Services)FTSS IncentivesRewards

Page 16: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

Feedback on PELRC Meeting 23/5/05

Skills Development National Teaching Awards Safer Schools NPDE HIV in the workplace Employment Equity Transformation

Page 17: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 18: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 19: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 20: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 21: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 22: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 23: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 24: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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.

Page 25: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 26: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 27: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 28: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005
Page 29: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 30: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 31: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 32: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 33: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

Misconduct

Progressive disciplineDisciplinary meetings and hearingsSanctionsAppeals

Page 34: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 35: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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

Page 36: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

TRAINING WORKSHOP (CONT.)

DATES (REMINDER)

• Various EMDCs

PLEASE ADVISE YOUR EDUCATORS ACCORDINGLY:

IT MAY BENEFIT YOU IN THE FUTURE

Page 37: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

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)

Page 38: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005

Presenters

Fritz Brand : (021) 467 -2399Fax : (021) 425 -8612E-Mail : [email protected]

Roy Jansen : (021) 467-2863Fax : (021) 425-8612E-Mail : [email protected]

Page 39: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUM: 3rd Quarter 2005