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x MARCH 2014 The official mouthpiece of the trade union UASA FIGHTING FOR THE HEARTS AND MINDS OF MINEWORKERS THE WRONG MEDICINE FOR OUR AILING ECONOMY P 4 UASA SECURES JOBS AT SIBANYE GOLD P 5 CONSIDER THIS WHEN NEGOTIATING WAGES P 6 EMPLOYERS BEWARE, YOU ARE TO BE HELD RESPONSIBLE P 10 PAY OVER THOSE CONTRIBUTIONS, OR FACE JAIL A BREAKTHROUGH IN MEDICAL SCIENCE P 13 OUR READER COMPETITION R5 000 UP FOR GRABS P 11 FEDUSA Despite all the talks about the strike action by mine- workers and its disastrous effect on the economy, it is clear that we will be confronted by it for some time to come. So far, the strike action has cost the lives of 34 mine workers at Marikana, many more members and shop stewards of unions, irrepara- ble harm to the reputation of our country as a safe and aractive haven for invest- ment, thousands of jobs, billions of rands due to lost production and much more. Right at the very core of the campaign of destruction, is a wage demand of R12 500 per month to be paid as a mini- mum wage to mine workers. In addition, the demand is linked to a total review of the job-grading system in the mining industry. According to an article by Jan de Lange in Mining- mx, dated 22 January 2014, strikes in the platinum sector are usually emotion- ally charged, especially in the wake of the Marikana massacre in 2012. If one takes the history of the wage demand of R12 500 per month, plus the way in which the National Union of Mineworkers (NUM) has over the years used workers at platinum mines for political careers, it heightens the emo- tions even more. Most importantly, how- ever, strikes in the platinum sector are informed by the hopeless existence of pov- erty that goes on there even though they are right in the middle of one of the most valuable mineral regions on the planet. An increase of R12 500 per month would in many cases result in a doubling of the workers’ current wages, which might not be affordable to the respective employers. e source of the magi- cal demand of R12 500 a month, for which many mine workers risked their jobs and lives before and aſter the Marikana mas- sacre in August 2012, was revealed at the Farlam com- mission of enquiry recently. According to Lonmin, Karee mining operation vice-president Michael Gomes da Costa, during his cross-examination, the first evidence of the R12 500 wage demand was coming in the form of handwrien posters placed around the Karee operation in June 2012. is revelation came as Da Costa explained the company’s reasoning in engaging a group of striking rock drill operators outside of the formal bargaining structures. is engage- ment ultimately culminated in pay increases of R750, R500 and R250, respec- tively, for drill operators, assisted drill operators and assistant drill operators. During cross examina- tion of AMCU President, Joseph Mathunjwa, also about the demand for the R12 500 increase, the com- mission chairperson turned to him and said something to the effect that “I get the impression that Amcu was using the situation to negotiate when it had no bargaining rights … but we are listening to all sides. I can still be swayed.” So, AMCU admied that it did not formulate the demand. It’s a figure that the so-called worker commiees decided on in the months aſter the Marikana massacre. One could therefore safely argue that AMCU might have exploited a very volatile situation aſter the Marikana massacre by commandeer- ing the R12 500 on behalf of the workers as part of its campaign to increase its membership. For a long time, ever since Marikana, reference is being made of a so-called “third force” that is trying to disrupt labour relations at the platinum mines – several assassinations and the recent incitement of rebellions against AMCU are unmis- takable signs of this. In these circumstances, the possibil- ity of renewed violence can certainly not be disregarded. e Workers and Socialist Party, or WASP, was formed out of the industry-wide strike wave that followed the Marikana massacre in August 2012 by several independent mine- to page 2… But AMCU is not the only organisation piggybacking on the plight of mineworkers.

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Page 1: EMPLOYERS BEWARE, YOU ARE TO BE HELD ECONOMY P 4 ... · CONSIDER THIS WHEN NEGOTIATING WAGES P 6 EMPLOYERS BEWARE, YOU ARE TO BE HELD RESPONSIBLE P 10 PAY OVER THOSE CONTRIBUTIONS,

xMARCH 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

FIGHTING FOR THE HEARTS AND MINDS OF MINEWORKERS

THE WRONG MEDICINE FOR OUR AILING ECONOMY P 4

UASA SECURES JOBS AT SIBANYE GOLD P 5

CONSIDER THIS WHEN NEGOTIATING WAGES P 6

EMPLOYERS BEWARE, YOU ARE TO BE HELD RESPONSIBLE P 10

PAY OVER THOSE CONTRIBUTIONS, OR FACE JAIL

A BREAKTHROUGH IN MEDICAL SCIENCE P 13

OUR READER COMPETITIONR5 000 UP FOR GRABS P 11

FEDUSA

Despite all the talks about the strike action by mine-workers and its disastrous effect on the economy, it is clear that we will be confronted by it for some time to come.

So far, the strike action has cost the lives of 34 mine workers at Marikana, many more members and shop stewards of unions, irrepara-ble harm to the reputation of our country as a safe and attractive haven for invest-ment, thousands of jobs, billions of rands due to lost production and much more. Right at the very core of the campaign of destruction, is a wage demand of R12 500 per month to be paid as a mini-mum wage to mine workers. In addition, the demand is linked to a total review of the job-grading system in the mining industry.

According to an article by Jan de Lange in Mining-mx, dated 22 January 2014, strikes in the platinum sector are usually emotion-ally charged, especially in the wake of the Marikana massacre in 2012.

If one takes the history of

the wage demand of R12 500 per month, plus the way in which the National Union of Mineworkers (NUM) has over the years used workers at platinum mines for political careers, it heightens the emo-tions even more.

Most importantly, how-ever, strikes in the platinum sector are informed by the hopeless existence of pov-erty that goes on there even though they are right in the middle of one of the most valuable mineral regions on

the planet.An increase of R12 500

per month would in many cases result in a doubling of the workers’ current wages, which might not be affordable to the respective employers.

The source of the magi-cal demand of R12 500 a month, for which many mine workers risked their jobs and lives before and after the Marikana mas-sacre in August 2012, was revealed at the Farlam com-

mission of enquiry recently.According to Lonmin,

Karee mining operation vice-president Michael Gomes da Costa, during his cross-examination, the first evidence of the R12 500 wage demand was coming in the form of handwritten posters placed around the Karee operation in June 2012. This revelation came as Da Costa explained the company’s reasoning in engaging a group of striking rock drill operators outside

of the formal bargaining structures. This engage-ment ultimately culminated in pay increases of R750, R500 and R250, respec-tively, for drill operators, assisted drill operators and assistant drill operators.

During cross examina-tion of AMCU President, Joseph Mathunjwa, also about the demand for the R12 500 increase, the com-mission chairperson turned to him and said something to the effect that “I get the impression that Amcu was using the situation to negotiate when it had no bargaining rights … but we

are listening to all sides. I can still be swayed.”

So, AMCU admitted that it did not formulate the demand. It’s a figure that the so-called worker committees decided on in the months after the Marikana massacre. One could therefore safely

argue that AMCU might have exploited a very volatile situation after the Marikana massacre by commandeer-ing the R12 500 on behalf of the workers as part of its campaign to increase its membership.For a long time, ever since Marikana, reference is being made of a so-called “third force” that is trying to disrupt labour relations at the platinum mines – several assassinations and the recent incitement of rebellions against AMCU are unmis-takable signs of this. In these circumstances, the possibil-ity of renewed violence can

certainly not be disregarded.The Workers and

Socialist Party, or WASP, was formed out of the industry-wide strike wave that followed the Marikana massacre in August 2012 by several independent mine-

to page 2…

But AMCU is not the only organisation piggybacking on the

plight of mineworkers.

Page 2: EMPLOYERS BEWARE, YOU ARE TO BE HELD ECONOMY P 4 ... · CONSIDER THIS WHEN NEGOTIATING WAGES P 6 EMPLOYERS BEWARE, YOU ARE TO BE HELD RESPONSIBLE P 10 PAY OVER THOSE CONTRIBUTIONS,

NEWS Labour Dynamix

2 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

With a turbulence which prevailed in many aspects of life for the most of 2013, it will be under-standable if we enter 2014 feeling fatigued, uncertain and negative about what the future hold for us.

The ineffectiveness of Government at different levels, the reported cases of squandering of our hard earned tax money, corrup-tion, fraud etc. makes one thing of the story Nero and Ceaser, how the great fire consumed Rome, how it spread savagely and rapidly while the citizens watched helplessly as it happened. After it was over, 70 percent of the city had been destroyed. Of the million-person popula-tion, an estimated half was made newly homeless by the fire. As a result of the tremendous losses, the Roman people, feeling the effects of paranoia, looked for someone who might be responsible for the fire. They blamed their emperor -- Nero. Other sources blamed Ceaser. The story goes, however, that both were playing mu-sic in their own separate ways and reasons, while Rome was burning.

Let’s draw the parallel. The year has just started and already we are hearing about people getting killed during protest action for not having something as basic as water. So poor ser-vice delivery has picked up just we left it in 2013. We here rumblings of strike action yet again, while the crippling effect of strike action on our economy is still fresh in our minds. The controversial e-tolling system which has been implemented on Gauteng roads, despite huge resist-ance from the public, is already starting to take its toll on individuals.

At the time of draft-ing this article, the first newspaper reports came through about individu-als who have to resort to debt counseling as a result of the effect it has on their disposable income. The value of our cur-rency has begun to slide and it is having a huge impact on our economy. The price of fuel has just increased by 38 cents per liter a promises of more increases could see us paying R14 per liter in the not too distant future. This is going to have a

huge impact on inflation because all consumer goods will become more expensive. The latter will cause us to demand high-er salary increases which employers cannot afford, resulting in more strike and employers continu-ing to replace people with machines because the price of labour is becom-ing too expensive.

You and I can add to the list of issues which is plaguing us, breaking down the fibre of society and creating a feeling of despondency. While all this is happening, we hear of R208 million rand spent on the private residence of the President at Nkandla, despite new regulations, a minister still buys a BMW to the value of R1.3 million etc.

But why am I repeating all this at the beginning of a new year? Why so nega-tive? Am I as one of your leaders not supposed to motivate, encourage and inspire you that there is hope, you may ask?• The answer is yes, I am supposed to do all of that, but we do have some chal-lenges, however, and you and I will have to roll up

our sleeves and do some-thing about it.• First of all, each one of us must accept accountability in our work situation, our families, our children and our country. If we do this, it will be our right to also demand accountability from those who call them-selves our leaders. • Secondly, we have to regain a sense of feeling good about ourselves. The environment we are living in makes us feel worthless at times and that renders us ineffective. We must regain our self-pride and motivate those around us to do the same.• Thirdly, restore integrity. A definition of integrity is to always do the right thing, even when nobody is looking. So, start with yourself right now, do the right things, motivate others to do the same and then ultimately, demand leaders that have integrity.

2014 is election year and as tax paying citi-zens, we have the right to vote for what is right for the future that we want. Which leaders can we trust to take us into the future, out of the quag-mire of fraud, corruption, ineffectiveness and the squandering of our hard earned tax money?• We deserve better. Let’s start now, take small steps, let’s all accept account-ability, let’s start feeling good about ourselves again and have self-con-fidence again and let us be known as people with integrity. If we do this, we can demand that or lead-ers are the same.

Let us shape 2014 as part of the future that we want, for us, for our chil-dren and for our country.

KOOS BEZUIDENHOUT

From theCEO's desk

MAKE A DIFFERENCE IN 2014: YOU AND I CAN DO IT!

workers’ strike committees together with the Democratic Socialist Movement, according to the WASP website. In an apparent move to promote WASP above the relevant trade unions in the mining industry, they slam the latter by stating:

“We have consistently and determinedly argued for the unity of the mineworkers and rejected the use of violence, the sectarianism of the AMCU leadership and the treachery of the NUM leadership. This championing of all minework-ers, rather than just the section organised under AMCU’s banner, has led AMCU leaders to slander us.”

“On the eve of strike action in the platinum belt, there are genuine concerns amongst mineworkers about AMCU’s preparedness to fight for a R12 500 per month minimum wage. … we are supporting the call of the rank-and-file Rustenburg leadership for the immediate resurrection of the independent strike committees to lead that strike and place it firmly under the control of ordinary mineworkers. From the platform of the strike, the platinum mineworkers can rapidly make up the ground that the AMCU leadership has abandoned and broaden their action and adopt a strategy that will maximise the chances of victory.”

WASP has consistently argued that winning R12 500 will require drawing in every section of the mineworkers through a programme of rolling mass action. In the first instance this means pursuing a strategy to win over the remaining NUM membership. It will also require mobilising the mining communities and youth in all mining areas in support of the

strike. This will require linking the mining communities’ demands around service delivery to the mineworkers’ wage demands. The mineworkers will need to call for the forma-tion of support groups across the country in all workplaces and working class communities and call for the working class as a whole to come to their aid in national demonstrations, solidarity strikes and ultimately a general strike to force the mine bosses to concede. Linking up with Numsa and their planned Section 77, mass actions will be crucial in the aftermath of Numsa’s SNC. To our knowledge, the AMCU leadership has done none of this. 

The R12 500 will be a central demand in WASP’s 2014 election campaign and WASP invites the independent workers’ committees to nominate candidates to stand for election under the WASP umbrella and take the minework-ers demands on wages and other issues into the National Assembly as an ancillary to the struggles that will be waged in the coming days, weeks and months.

While the situation is extremely volatile at the moment, uncertain of which direction things will go, many things can happen. Violence could erupt easily, but sanity could also prevail and the strike could be over quickly.

One thing remains certain, however, the demand which is printed in red in the shape of drops of blood on the back of T-shirts of AMCU members for the commemoration of the Marikana massacre last year: “They died for a living wage – R12 500.” The struggle continues,” will not go away and will need to be addressed in some or other way. The tug of war between different organisations for the hearts and minds of the mineworkers involved could complicate things.

Until such time as the matter has been addressed in a functional way, sporadic incidences of strike action wil continue to take its toll on the reputation of our country as a safe haven for economic growth and investment, resulting in the dwindling value of our currency, high inflation, poor eco-nomic growth, higher mechanization and unemployment, just a weaker economic outlook for the country overall.

Hopefully, tax paying citizens, the disenfranchised mine-workers included, have now reached the tipping point and will demand greater accountability when going to the voting stations later this year.

... From page 1

The R12 500 will be a central demand in WASP’s 2014

election campaign.

Translations on page 4

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NEWSLabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 3

NEDLAC TACKLES MINIMUM WAGE AND EMPLOYMENT TAX INCENTIVE

FROM THE COO’S DESK

Partnerships and commitments

FEDUSA

The year-end 2013 saw the third round of “Down to ground level” opera-tional visits.

In 2011 and 2012, we visited the Limpopo and KZN areas and we were pleasantly surprised by what we encountered.

The top management of UASA Operations leg started these visits in an attempt to understand the needs of the members on the ground and to expose UASA to the CEO’s, top management, branch members and shop floor structures.

COMPANIES THAT PROVIDE EMPLOYMENT TO THE UASA MEMBERSThe 2013 visits took place in and around the Cape Town / Ceres areas.

Various Metal Engi-neering companies were visited as well as Trans-port and Agricultural Sec-tor companies. We met,

with CEOs, Directors, COOs and General Man-agers, on the one side, and with our Vice-President Carmen Slinger, Branch Chairpersons, FTUR’s and Branch Committees, on the other side.

We were exposed to companies that had the insight to adapt to their changing environments and challenges, but we were also confronted with realities of companies that were unable to do this be-cause of various reasons.

The good news was their ability to adopt and achieve positive growth results and handle an abundance of new orders for 2014 and beyond, but, sadly, for those that were not able to adopt, tough times were forecasted – all the way from short-time measures, to retrench-ments, to total closures.

The lessons learned, were that we need partner-ships, not opposition between the employees and the workers. We need to assist each other, simply because we need each other. We need to respect the needs and aspirations of each other and we need to commit to each other.

Lastly, we need to rec-ognise that we come to the table with differences that demand mutual respect. A relationship is built on hard-earned trust and respect and no one party can demand this, it has to be earned.

We were delighted to see that there was an acknowledgement for our full-time Operations staff and their professionalism, knowledge and dedication.

We were saddened by the fact that this Region faces various challenges, but the most was absentee-ism and substance abuse.

It is a social problem and the employer cannot simply point fingers and apportion blame to the employees. They need to take co-ownership and responsibility to assist in the social uplifting and development of their workers, in the first place, and of the Community, in general.

Only through partner-ship and commitment to each other and the ability or willingness to respect each other will we be able to overcome the work-place challenges.

Together, we will be

able to do the best that we can, with what we have. Together, we can build a better future for all of us.

The duty rests with both employee and em-ployer.

Leon GroblerChief Operations Officer

The 2014 Nedlac Organ-ised Labour conference brought Labour heavy-weights together to debate issues that demanded attention, such as the introduction of a legis-lated national minimum wage and discontent with the Employment Tax Incentive Act. Nedlac is the National Economic Development and Labour Council. The conference took place at the Roode-vallei Conference Centre outside Pretoria in Janu-ary of this year.

The fear regarding the Tax Incentive Act is that it will create a two-tier

labour market with a section of workers that will be exploited to the maximum, thus negating gains previously made by the labour movement. However, Organised Labour agreed to remain open to any discussions on the Act, undertak-ing to monitor its effect, especially regarding the possible displacement of older workers, “recy-cling” practices as well as other negative labour market issues.

It was agreed that Nedlac needs to be strengthened to hold Government depart-

ments accountable and to oppose the Employ-ment Tax Incentive Act.  Other matters discussed included the finalisation of the long-anticipated labour market policy review process.

Substantial discus-sion time was devoted to collective bargaining and industrial action and there was a general consensus to discuss proposed policy instruments to manage industrial disputes. 

Pertinent socio-economic issues that took centre stage included reforming the Extended Public and Community

Work Programmes, the effective and efficient implementation of the National Health Insurance (NHI) policy, land and agrarian reform policy matters, the establish-ment of a safe, affordable and efficient integrated public transport system that provides mobility to people, as well as issues relating to water provision and sanitation.

Organised Labour welcomed the recent investigation of the pharmaceutical sector by the Competition Com-mission and agreed that the work of the Competi-

tion Commission must be strengthened and scaled to other indus-tries.  Other discussions centred on reforms of the financial sector and general issues of organisa-tional development. 

The three trade union federations that attended the NEDLAC conference were the Federation of Un-ions of South Africa (FE-DUSA), with which UASA is affiliated, the Congress of South African Trade Un-ions (COSATU) and the National Council of Trade Unions (NACTU).

The conference was addressed by South

Africa’s Deputy President Kgalema Motlanthe, Minister of Labour Mil-dred Oliphant, Economic Development Minister Ebrahim Patel, Rural Development and Land Reform Minister Gugile Nkwinti, Deputy Minister of Higher Education and Training Mduduzi Ma-nana, Deputy Minister of Finance Nhlanhla Nene, NEDLAC Executive Di-rector Mr Alistair Smith, ILO Regional Director Vic van Vuuren, former Minister of Labour Tito Mboweni and Director of the Chris Hani Institute, Professor Eddie Webster.

Atlantis Foundries, W. Cape.

CME Precision, W. Cape.

Golden Arrow Bus Services, W. Cape.

Southern Air Conditioning, W. Cape.

Pool Transport and Unitrans Logistics, Worcester.

Pool Transport, Worcester.

Heat Pump International, W. Cape.

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NEWS Labour Dynamix

4 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

FROM THE CCO’S DESK

The prospects of two more interest hikes of 50 basis points each by July this year represent a nasty shock for consumers.

The recent surprise increase of 50 basis points in the repo rate as announced by the governor of the South

African Reserve Bank, Gil Marcus, has probably started this cycle, albeit much sooner than expected. Unfortunately, the impact will be much harsher than only 50 basis points for many consumers with credit card and unsecured debt. Due to the fact that the National Credit Act makes provision for these rates to increase by 2.2 times the repo rate, consumers with such debt may experience an increase of 1.1 percentage points in their interest rates.

This is bad news for over-burdened consumers who believed they had a few extra months to put their houses in order before being struck with another expense in addition to the financial burden of the ever-increasing petrol price and e-toll fees. As matters stand at the moment, more than 47% of consumers are behind with debt repayments on one or more accounts. The interest rate hike might contribute to this percentage, soon increasing to more than 50% as it will cause more consumers to default on payments. In addition, it will in conjunction with other expense increases such as on e-tolling and expected increases in indirect taxes (in the forthcoming budget) reduce consumers’ discretionary spending, which will lead to less retail sales, job losses, higher unemployment and more poverty.

However, the main problem in our economy will not be cured by current interest rate increases. For the sake of consum-ers and the country, it is hoped that the authorities will identify and act swiftly on the real culprit of our precarious situation, especially as South Africans are in for a tough period ahead.

The main challenge lies with our unacceptably high current account deficit. The main cause of our trade deficit is our infra-structure development programme which includes inter alia the construction of Kusile and Medupi power stations. Instead of manufacturing the required components locally, we import most of it. We are, in other words, creating jobs abroad. We are killing our local manufacturing sector by importing too much and rendering this sector uncompetitive. The answer would be

to import skills to do the job locally, thereby also creating jobs locally. This should bring much-needed relief to our current account deficit and should also limit the extensive depreciation of the rand exchange rate during times of volatile international capital flows – a main cause of increasing inflation expectations. Imagine how proud we would have been on a Medupi or a Kusile if we have done it ourselves?

By supporting our local manufacturing sector to produce our needed infrastructure requirements, the government will solve a lot of our economic problems. It will reduce imports, reduce inflation, limit rand depreciation, create jobs, reduce unemployment and poverty, and create a much larger domestic demand and competitive economy. Such action will also reduce the possibility of credit rating downgrades and, therefore, less interest on government debt, which should then create fiscal space for other priorities. However, should we see another ratings downgrade, we could face catastrophic challenges, not the least of which investors avoiding or disinvesting from our economy. The forthcoming election does not fill investors with confidence either.

Business profits remain under threat and small businesses in particular are struggling to survive.

UASA believes there are steps that can and should be taken to improve the situation:• The level of mistrust among stakeholders is causing serious harm to the economy. Stakeholders should make an effort to find common ground and conclude an accord which addresses a number of issues such as an appreciation for the contributions made by the business community; a degree of social correction by the business community, such as a reversal of the tendency to replace labour with machinery, a more understanding and developmental approach to be adopted by organised labour, the establishment of a more conducive environment that would invite investment into jobs and the economy.• A dedicated skills development programme focused on the needs of the industry.• Finding ways and means to address South Africa’s account deficit. We need to import less and have greater protection for our local manufacturing sector.• The promotion of entrepreneurship to create jobs and income.

Jacques HugoChief Corporate Officer

THE WRONG MEDICINE FOR OUR AILING ECONOMY

The Florida Police Station recently awarded UASA with a certificate of recognition for its con-tribution toward maintaining this particular Police Station’s gardens.

Last year, UASA noticed the gardens were somewhat neglected and offered to remedy the situation by sponsoring garden services to take care of the premises for a period of twelve months. The results have been rewarding and the certificate is much appreciated.

Kaptein SnymanKolonel Rautenbach.

Receiving the certificate on behalf of UASA: CCO Jacques Hugo (centre), with Florida SAPS station commander Col Rautenbach (left) and Capt Snyman (right).

UASA’s efforts at SAPS gardens recognized

AFRIKAANSDie R12 500-looneis spruit voort uit hand-geskrewe plakkate wat in Junie 2012 die lig gesien het en die bedrag is nie oorspronklik deur AMCU geformuleer nie, alhoewel dié vakbond dit nou namens sy lede eis. Die Workers and Socialist Party (WASP), wat gestig is deur mynwerkers se stakings-komitees, beywer hom daartoe om AMCU en NUM te diskrediteer. Die werkers se looneis sal nie wyk nie en die toutrek-kery tussen AMCU en

WASP sal voortgaan. Die keerpunt wat die eko-nomie tot nadeel strek is egter bereik en kiesers sal groter verantwoorde-likheid in die komende verkiesing eis.

ZULUIsicelo senkani seholo elifika ku R12 500 kusuka emakhasini ab-halwe ngesandla ngo June 2012. I-AMCU akuyona efake lesicelo, kodwa isiqhubekise egameni labasebenzi. I-Workers and Socialist Party noma i-WASP esungulwe

ngamakhomithi eziteleka zabasenzi bezimayini izama ukulimaza igama le AMCU ne NUM. Lesicelo senkani sabase-benzi angeke sisuke. Uku-

lwa phakathi kwe AMCU ne WASP kusaqhubeka. Sekufike lapho isimo som-notho singalimala khona futhi abavoti bazofuna izimpendulo ngesikhathi sokhetho.

XHOSAUmvuzo ongama-R12 500 usuka kwii-poster ezazibhalwe ngesandla ngoJuni ka-2012. I-AMCU ayizange iyiqulunqe le nto, koko yiyo eyawukhokelayo lo mba wemivuzo egameni labasebenzi. I-Workers and Socialist Party okanye

i-WASP eyayisekwe yikomiti yoqhankqalazo lwabasebenzi-mgodini izama ukugxibha i-AMCU ne-WASP. Le mali ifunwa ngabasebenzi iseza kuhlala ihleli. Imfazwe phakathi kwe-AMCU ne-WASP iyaqhubeka. Okuza kuqh-walelisa imo yezoqoqosho sekufikile kwaye abavoti baza kufuna iimpendulo ngethuba lonyulo.

SOTHOMohlodi wa tseko ya moputso wa R12 500 ke diphoustara tse neng di ngotswe ka letsoho ka Ph-

upjane ya 2012. AMCU ha e a thea tseko eo, empa e ile ya e ntshetsa pele lebitsong la basebetsi. Workers and Socialist Party kapa WASP, e ileng ya thewa ke dikomiti tsa boitseko ba basebetsi ba merafong e leka ho seolla AMCU le NUM. tseko ya basebetsi e ke ke ya nyahlatswa. Kgulakgu-lano e teng dipakeng tsa AMCU le WASP e tswela pele. Nako ya thefulo ya moruo mme bakgethi ba tla tseka boikarabelo bo tomanyana nakong ya dikgetho.

PRÉCIS – FIGHTING FOR THE HEARTS AND MINDS OF MINEWORKERS

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NEWSLabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 5

UPDATE

“South Africa is facing a no-win situation in the mining sector,” says Franz Stehring, Divisional Manager responsible for mining sector workers in UASA. “While negotiations and the strike actions by AMCU around the de-mand for remuneration of R12 500 per month is continuing, we fear for the worst, says Stehring.” 

“Last year we were involved in protracted consultations with cer-tain mines to cut costs, improve productivity and implement numer-ous strategies to prevent these mines from going under. In so doing, we

have been able to save the jobs of thousands of workers. 

“The current situa-tion, with the continu-ing strike action by AMCU causing major economic destruction, may well lead to all our efforts being thwarted with an added good possibility that some mines could be forced to finally close down. 

“We don’t want to be prophets of doom, but we have to be realistic. We are in the foresee-able future expecting an announcement by Anglo American in respect of downsizing measures in the industry. 

“Irrespective of a set-tlement being reached or not, we predict that the waves of strike action caused irreparable harm which might prove too much for certain mining operations to sur-vive.  As a consequence, thousands more workers in an already crippled mining sector could become part of our un-employment statistics.” 

“UASA believes it is unfair that we are being held to ransom in a sys-tem whereby majority organisations can simply cause the livelihood of our members to be taken away,” concludes Stehring. 

No-win situation in mining sectorShocking statistics reflecting the retrenchment of 35 000 workers in January this year might only be the tip of the iceberg

UASA likes to take credit for its role in restoring job security at Sibanye Gold – not only in favour of its own members, but non-members’ too. Recently, when Sibanye Gold issued a notice that it was to merge with Newshelf 114 (Pty) Ltd, UASA lodged an objection to the Com-petition Commission, successfully preventing a staff retrenchment process which would have been in the aftermath of the merger.

UASA’s swift interven-tion at Sibanye Gold fol-lowed hot on the heels of

a similar action the Union had taken in September 2013, in which it success-fully prevented retrench-ments at Cooke Opera-tions. The upshot is that UASA’s actions not only benefited its own members at Sibanye and Newshelf, but the entire workforces at both operations.

Through UASA’s inter-vention in the two merg-ers, a safety net was cast over all employees working at Sibanye Gold, as well as those at Cook Operations, as the merging parties agreed not to retrench any employee, as a result of the

merger, for a period of two years following the merger date 5 February 2014. The agreement, however, does not apply to workers who opted for voluntary separa-tion packages or voluntary early retirement packages.

All the more reason for workers to join a reputable trade union like UASA whose members always come first.

*For any assistance, or further information, do not hesitate to contact your respective Branch and/or UASA’s Operational Manager Richard Samuels on 0833082005.

UASA RESTORES JOB SECURITY AT SIBANYE GOLDUASA stalls massive staff retrenchments process

APPOINTMENT

Anneke’s position formalisedAnnéke Kalp has been with UASA for seven months now, helping to look after the interests of UASA members in the Thabazimbi region. As of 1 February 2014, she has been formally appointed the Operational Assistant in the Thabazimbi Service Centre and we wish her continued success in this position. Annéke recently also completed her very first First Aid Course, for

which we commend her. Very much a people

person, Annéke enjoys helping foster a spirit of

togetherness among work-ers and helping where she can. She says each day brings new experiences and it makes her happy to be part of a team that makes a difference in the community, by repre-senting workers when it comes to their rights in the workplace and improving their work conditions and wages. We appreciate your enthusiasm for the job An-néke, long may it last.

UASA’s advice to matrics on seeking jobs

• Don’t allow perceptions and attitudes about the job market blind you to existing job opportuni-ties.

• Matric is not enough. Employers view ma-triculants as unskilled. Acquire skills sought by employers.

• Don’t focus only on uni-versity. Think of trades, Further Education and Training (FET), colleges and internships.

• Stay practical and don’t lose hope, even if you have to work for a pit-tance, or nothing (as a volunteer). The experi-

ence will open doors in the long run.

• Prepare yourself men-tally for your interview and have a positive frame of mind.

• When you find a job, remember that you are entitled only to what is written in your contract.

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NEWS Labour Dynamix

6 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

Nine months after the retrenchment of 470 AMG (now called SSA) employees, in March 2013, UASA was served with a further notice of intended retrenchments. When it comes to pass, the last of the 132 employees will be retrenched by the end of March 2014, leaving the SAAF with no skilled Denel employees to ensure South African Air Force (SAAF) aircraft are serviceable on a day-to-day basis going forward.

The SAAF stated in July 2012 that the reason for the AMG/SAAF contract being terminated was due to budgetary constraints and the current Public Finance Management Act (PFMFA) requirements. Although the Plenary Defense Staff Council agreed on the deci-sion that the current SAAF/Denel Aviation Coopera-tion Agreement of Understanding (MOU) be updated and formally channeled through the Head of Defence Supply Chain Integration (HODSCI) to ensure compli-ance with contractual regulations, it is now clear that this never happened and was never done.

With the first Section 189 process meeting sched-uled for 20 January 2014 and the process to be finalised by end February 2014 (leaving March 2014 as the notice month), the question again arises – how will the SAAF manage to function without the skills of special-ised AMG employees...? During recent discussions with current employees at a number of Air Force bases, it became clear that the SAAF was already anticipating the re-employment of previously [March 2013] retrenched employees in their old positions, doing the same job at the same department.

It is common knowledge that the SAAF has already cancelled the Silver Falcons, with many pilots resigning from the SAAF due to the ineffective flying hours pro-vided and the mothballing of South Africa’s latest fighter aircraft (bought at a cost of billions). Consequently, the question remains: what will the SAAF strategy be for the future regarding their aircraft airworthiness and flying capabilities?

As the retrenchment process of the 132 AMG em-ployees will be finalised by end March 2014, UASA will again negotiate to reach agreement with Denel Aviation management regarding the retrenchment package and re-call opportunities within the Denel environment and a Social Plan. This Social Plan will again include several benefits for the retrenched employees. UASA will further continue to support and assist these employees with their needs during these trying times, including as-sistance with finding other employment opportunities. UASA will keep all updated on the process.

Willie van EedenManager: Aerospace Sector

Facing an unsure future: state-of-the art fighter jets in long-term storage in a dusty environment. The SAAF “does not have funding to fly them”.

Will there be any skills left in the SAAF?To put price increases into context, consider this: in 2012,

petrol cost a hypothetical commuting employee approxi-mately R2 600 more than it did in 2011; the current price of petrol is 26% higher than it was in 2011. These were factors to consider leading up to the 2014 wage negotiations.

Wage negotiations in SAA were set to commence at the end of January 2014, but ahead of these, a meeting between SAA Management and Labour was scheduled to:

• Discuss and agree to the ground rules• Receive and discuss management’s introduction presentation• Present and discuss UASA’s background presentation

Labour was then to approach its members to explain both SAA management and UASA’s introduction presentation, as part of the process to obtain a mandate regarding the 2014/15 wage negotiations.

UASA will be discussing the following with SAA management, to ensure management fully understands the needs of employees within the airline:

MOTIVATION FOR GENERAL INCREASEWorkers have to be compensated for their loyalty and the value they add, as well as for the increased cost of living.

The indicator that is commonly used to determine how rapidly living costs are increasing, is the annual change in the CPI (Consumer Price Index). CPI inflation gives an indication of changes in living costs, but should not be the only indicator applied to salary increases.

A basket of factors should be considered as people’s spending patterns differ. Workers are paying higher prices for basic products and these are often products they cannot substitute with anything else. This has a negative impact on the actual financial position of workers.

Administered prices are an example of the above-mentioned. In most cases, workers have to pay these prices and they have no negotiation power. The effect of rising electricity prices, water tariffs, property rates and fuel prices are good examples. Administered price inflation now stands at 8,9%.

CONSUMER PRICE INDEX (CPI) INFLATION The average CPI inflation rate for the past 12 months has been 5,8%. It should be noted that the CPI inflation rate

breached the 6%-level in July and August, while remaining at 6% in September.

The cost of living has increased remarkably in the recent past and these costs have not come down. At the moment, price increases on many necessities are still exceeding inflation. As a result, the average employee is still under great pressure.

HEALTHThe annual medical insurance increase from the latest CPI data is 10,2%. According to Stats SA, the average increase in medical insurance costs in 2012 was 9,4% and 9,8% in 2013. The latest average increase (2014 at 9,3%) is, therefore, a high increase on top of previous years’ high increases. Alexander Forbes Health estimated that contribution increases for 2014 would average around 9%. Based on the above, it is safe to assume that the increase in medical scheme contributions will exceed CPI by at least 3% to 5%.

EDUCATION COSTS IN 2014: According to an article in Beeld, school fees increased on average about 10% during 2013. This follows on increases in the same range for 2010, 2011 and 2012. This is a large burden on workers with children at school. Indications are that school fee increases will be of the same magnitude in 2014. The official annual inflation for school fees is cur-rently 9,1% and 8,8% for tertiary education.

FUEL INCREASE October’s price of R13,08 per litre for 93 octane petrol in Gauteng is the third highest-ever nominal price in South African history. The wholesale price for both grades of diesel is the second highest-ever reached. It is expected that fuel prices may reach a highest-ever price of more than R13,00/ litre during 2014. The difference between the petrol price in October 2013 and October 2012 is 9,3% and, compared to two years ago (October 2011), the current price is more than 26% higher.

Before a final decision regarding salary increases is made, the effect all the mentioned factors have on employ-ees’ disposable income should be taken into account.

Willie van EedenManager: Aviation Sector

SAA revises its Labour Caucus arrangements

CONSIDER THIS WHEN NEGOTIATING WAGES

UASA welcomes the posi-tion that South African Airways is taking to revise its Labour Caucus in order to reflect the airline’s long-term turnaround plans or strategy (LTTS).

To this end, SAA’s CEO has undertaken to provide quarterly labour forums for perpetual consultation and dialogue regarding changes to the business model, as per the LTTS. This will definitely assist Organised Labour

within the airline to present its case business on issues affecting its membership.

UASA expects posi-tive and meaningful par-ticipation at this forum,

and pledges to assist the employer to implement the long-awaited strategy to grow SAA’s core busi-ness. The union expresses the hope that the LTTS

will indeed bring results that will exceed all growth expectations and allay all fears of retrenchments.

UASA reminds all parties participating in this forum that, together, everyone should commit to taking South African’s national airline to greater heights, thereby creating more job opportunities.

Vela MaswiliOperational Manager:

Aviation Sector

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NEWSLabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 7

Following a series of meetings between UASA and the Orange Business Services (OBS) with the focus on wage negotiations, restructuring processes and a CCMA dispute between the parties, it became evident that the existing rela-tionship between the parties had deteriorated.

While UASA felt nothing was out of the ordinary in this ten-year relationship, OBS saw things in a different light, mainly because of its HR Manager’s opinions in this regard.

OBS Senior management sent UASA a let-ter in which it requested a meeting to discuss the relationship and also called for a re-vamp of the current Recognition Agreement.

Parties agreed to meet UASA Head Office in Florida on 12 December 2013. Orange Business Services were represented by General Manager Jean-Luc Lasnier and Emad Sonbaty, Regional Human Resources Director, Middle East and Africa. UASA was represented by Johan van Niekerk (Human Resources), Adv Nick van Rooyen (the union’s Legal Officer) and Willie van Eeden (Sector Manager).

It was clear that OBS was quite surprised by the threat of a possible strike notice; they confirmed that they never expected anything of this nature and thought that a good relationship between the two parties could have prevented such a contemplated action.

They believed the relationship had always been good and that it only changed drasti-cally during the last couple of months. They further indicated that they would like to re-negotiate the current recognition agreement as it does not necessarily favour them.

UASA responded that, although their per-ception may have truth that the relationship deteriorated during the last couple of months, UASA believes it could be due to the new HR manager and the threat of a strike notice. UASA stated that such an action normally fol-lowed a deadlock between parties – specifical-ly during wage negotiations – and should not be seen as personal – it is standard procedure in South African Labour Relations.

Secondly, that the company should not put all the blame on UASA, but should maybe have a look at the actions and internal relationships of OBS, as handled by its “new” HR Manager. UASA proposed that a session be held with employees and the HR manager to discuss issues requiring attention with open, honest and transparent conversation – perhaps using a facilitator, if required. UASA further agreed to the re-negotiation of the current recognition agreement in view of continued amendments to the South African Labour Laws.

Parties further agreed that the company will contact UASA early in 2014 to discuss/set down dates for such negotiations. Both parties will give input and work towards a new draft document, to be in place by March/April 2014. OBS Management indicated that they would appreciate it if the new recognition agreement could be finalised by end May 2014.

Both parties respected the frank discus-sion as well the fact that they agreed to disagree on some issues. To strengthen ties

between the two parties, the company will do its utmost to invite and/or visit UASA on a more regular basis to ensure that all employees and UASA are kept up to date regarding the company’s strategy going for-ward, its financial position, order book et al.

Both OBS and UASA agreed that the meeting was held in a very positive spirit and that this was an opportunity to re-establish and enhance the excellent relationship between these two parties.

DENEL

At the meeting: Paula Picotti (from OBS’s Sales Operation - Africa), Emad Sonbaty (HR Director: Middle East and Africa), Willie van Eeden (UASA Sector Manager), Jean-Luc Lasnier (OBS’s GM), Johan van Niekerk (UASA HR) and Adv Nick van Rooyen (UASA Legal Services).

Organised Labour is in the process of negotiating sev-eral benefits for its members within the Denel arena. These negotiations involve:• Disciplinary Code and

Grievance Procedure• Restructuring and Trans-

formation Central Com-mittee Constitution

• Labour Forum Constitution• Denel Social Plan (to ben-

efit retrenched employees). UASA is in a position to

share the Social Plan docu-ment with members, which will have been signed by the time this issue of Labour Dy-namix has been published.

SOCIAL PLAN BENEFITSMedical AidRetrenched individuals not belonging to a medical aid fund will receive a once-off cash payment of R6 000. Retrenched individuals belonging to the company’s recognised medical aid fund will be paid an amount equal to six months’ compa-

ny contribution to the fund, or R14 000, whichever is the larger amount.

COMPANY ASSISTED STUDY SCHEMESEmployees who are ben-efiting from assisted study scheme bursaries or study loans will have the following options available to them:

Have their study loan or bursary written off and all obligations attached to it cancelled, or accept a once-off amount of R10 000 maximum to be paid to the education institution where they are [currently] regis-tered, thus allowing them to continue with their studies. If you are retrenched and wish to train, see the infor-mation here below under the heading “Training”.

RETRENCHMENT SEVERANCE PAYRetrenchment severance pay applicable to retrenched em-ployees will be as per Denel

policy (two weeks for every completed year of service – pro-rata years do apply).

RETIREMENT FUNDSBenefits payable to re-trenched employees will be as per the rules of the respective funds.

PERFORMANCE PAY POLICYPerformance Pay applicable to retrenched employee will be as per Denel policy.

TRAININGAll retrenched employees will be offered an opportu-nity to undergo training that is in line with the employ-ee’s potential future jobs or business opportunities. This once-off total cost will be limited to R10 000 and be subject to the divisional HR Executive’s approval (only regarding the legiti-macy of the training course) and will be paid directly to an accredited Training Institution.

PERSONAL COUNSELLINGOn request, a once-off maxi-mum cost of R2 000 (two thousand rand) will be spent on personal counselling by a qualified professional coun-sellor to enable the individual to deal with the emotional impact of retrenchment. This will be paid directly to the institution of the employee’s counsellor or the institution designated by the company, should the employee accept the latter.

FINANCIAL COUNSELLINGOn request, financial counselling services will be offered to retrenched personnel to a maximum cost of R2 000 to promote prudent expenditure of the money received during the process of retrenchment. This will be paid directly to the institution of the employee’s counsellor or the institution appointed by the company, should the employee accept the latter.

RELOCATION COSTSIndividuals who are suc-cessfully re-deployed within Denel divisions and who have had to relocate, will be as-sisted with relocation costs in accordance with Denel Policy.

LABOUR LIST (RECALL LIST)The recall list will be cen-tralised at Denel Corporate, with access available to the Labour Forum on request. Retrenching divisions will establish a recall list, which will be based on available vacancies and updated continuously. Preference will be given to the selec-tion of retrenchees, based on vacancies for which the retrenchees have skills or are qualified. At the end of twelve months follow-ing the retrenchment, the retrenched employees will be removed from the data base. To this end, the divisions will complete and submit a comprehensive competency profile of each

retrenchee to all other Denel divisions.

START UP CAPITALAll retrenchees will be of-fered the opportunity to ap-ply for a taxable amount of R18 000 for future business opportunities, subject to ap-proval of a Business Plan.

NON VARIATIONNo changes to an agreement will be valid unless both par-ties agree to such alterations.

TERMINATIONAlternatively, one party may give the other written notice, at least a month ahead of the intention to terminate the agreement. Such “one party termination” may be referred for arbitration by the other party(ies), should the reason for termination not be re-solved within two weeks.

Willie van EedenManager: Aerospace

Sector

UASA RELATIONSHIP WITH ORANGE BUSINESS SERVICES UPDATED

Denel’s Social Plan to benefit retrenched

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NEWS Labour Dynamix

8 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

SAGA

By Adrian Galley

The South African Guild of Actors (SAGA) first smelled trouble brewing on the set of Genera-tions with a spate of membership applica-tions from the cast of the popular TV show. Then came the press headlines: “Genera-tions actors on strike”; “SA soap stars strike over contract dispute”; “Generations feud may wipe out cast”.

Apparently, the trouble was sparked when, to mark the soap’s 20th anni-versary, the SABC announced that pro-ducer Morula Pictures had been offered an unprecedented three-year contract. The core team of actors naturally felt they should receive similar tenure and, follow-ing discussions, the producers relented. However, they in-sisted on retaining the standard “write out” clauses which grant them the freedom to dispense with char-acters as changing storylines demand. Well, in short, the ag-grieved cast members retained an attorney and walked off the set, halting production.

CWUSA, the un-ion representing em-ployees of the SABC, defended the actions of the “striking” actors, but Mfundi Vundla, creator and Executive Producer of Generations, told The Star’s Tonight, the ac-tors had received poor advice. He maintains their lawyer mistak-enly assumed there’s a normal employer-employee relationship between producers and actors. SAGA Secretary Carlynn de Waal-Smit agrees

“Normal labour law and legislation doesn’t cover Independent Contractors … they are not employed by the SABC, they are contracted through Morula Pictures.”

De Waal-Smit and the Guild’s Chairman, Jack Devnarain, were recently invited to clarify the issues in a discussion with Udo Carelse on Radio 702. Devnarain explained that “Labour Leg-islation is currently structured in a way that excludes actors; the onus is on them to ensure the rights they wish to enforce are detailed in their contracts.” These would include mecha-nisms for dealing with disputes and steps to be taken should a character be “written out” of a series.

Regarding the confusion surrounding the status of em-ployee versus Inde-pendent Contractor, Devnarain expresses little surprise: “The DTI, the Department of Arts and Culture and certainly SARS all have a particular view of Independ-ent Contractors, and they’re not all consist-ent.” De Waal-Smit adds: “SAGA aims to educate all players, but there’s a long way to go.”

Dirty laundry in the land of soap

Jack Devnarain, SAGA Chair (aka Rajesh Kumar in the land of soap).

Kwa-Zulu Natal (KZN) members employed in Hair, Beauty and Skin Care will be receiving an annual increase of 6% on their prescribed salaries, as of January 2014.

Furthermore, KZN members will be happy to hear that UASA has negotiated for extended medical benefits for members. Firstly, two additional doctors were appointed on the panel

of medical practition-ers, one of which will be serving the Durban North and Umhlanga Rocks areas, while a second doctor will be designated to another region at a later stage. Information regard-ing the doctors’ details will be circulated to the industry as soon as there is confirmation. In addition, maternity benefits now include an extra R500 to allow for

a scan.The Union has

been in contact with members and owners of salons to submit details so members may receive a free T-shirt. Please make sure you have submitted your names so you do not lose out on this opportunity.

As there is a National Bargaining council, we are looking to align the Main Agree-ments of all regions and

service centres ensuring members receive the same benefits wherever they are. We will keep members updated on additional changes as well as inform them of meetings to attend as the year progresses. We wish our members all the best for the year ahead.

Rolene GovenderOperational Man-

ager, Durban

GOOD NEWS FROM KZN BEAUTY

CHRISTMAS CHEER

To brighten up the lives of a couple of communities in the Mossel Bay area, UASA joined forces with the Pinnacle Point Trade Union Trust (PPTUT) to distribute food ham-pers to the parents of toddlers attending two of the area’s nursery schools.

Last year, UASA sponsored playground equipment and a carport at Boskabouters and Pinnochio nursery schools. These are preparatory schools for toddlers from two forestry communities in the area. This year, the deci-sion was made to involve the parents and distribute food items to help households over the holiday season.

Alice Maartens, a lady with a golden heart, is active in the local community and volunteered to assist with the logistical arrangements and the handing over of the

hampers to the parents. She works under the auspices of the ATKV’s Abbasorg.

On the last day of school, she insisted the parents come to the schools, talked to them in person and told them about UASA and its role in the events. She was heartened to hear that a fair number actually wanted to write to the union to express their thanks.

Pick ’n Pay showed their community spirit by giving Alice more bang for her buck when she shopped for the hamper ingredients, which included items such as maize meal, macaroni and cheese, tinned veggies, soup, salt and sugar, tea, coffee, sweets, jellies and cookies. No doubt the treats contributed towards bringing holiday cheer into the lives of these local families.

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NEWSLabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 9

PROFILE

Stan Kopelowitz is currently UASA’s Vice-President, a position he’s held since 2012. Stan can trace his family history all the way back to Eastern Europe “My grandpar-ents came from Lithu-ania in the late 1800s but my late father was born in South Africa and we are now third-generation South Africans. Very few Kopelowitz families have kept the name, maybe 30 or so in South Africa. Most people changed their surname to Kop or Koppel, (Danie K, the South African singer’s surname is Koppel).”

Stan was born and bred in Klerksdorp and started his mining career in 1981 at 4 Shaft Vaal Reefs Mine where he obtained his Chamber of Mines Certificates and started moving up the ranks.

“In the early Nine-ties, Gerrie Henning

and I were working at 4 Shaft Vaal Reefs and noticed that there was a shortage of Underground Officials Association reps, so we decided to stand and were both elected. That is how my involvement in UASA began and has lasted until today.

“In January 1995, I was transferred to Tau Lekoa Mine as the co-ordinator, Technical Sciences Department, which later became the MRM Department. I am still part of the MRM department at Tau Lekoa Mine where I was promoted to the position of Senior Gold Loss Control Officer in 1996, the position I still hold today.”

Stan’s nickname is “Mr Kruger Rands”. When UASA thought of selling its collection of Kruger Rands, Stan insisted they hang on to

them. At the time, they were valued at R12 500 but thanks to his belief in gold, that has since turned into R96 000 over time.

Stan still lives in Klerksdorp with his wife Chery who started working for Vaal Reefs in 1982 (now Ashanti Gold) in the payroll department. He has two sons Kyle and Neil and one daughter Janis, an Events Manager.

Of UASA he says – “they walk their talk and are loyal; that’s why I believe in this particular union.”

Meet Stan KopelowitzExco member Stan Ko-pelowitz is proud of his nephew Charl Strydom’s achievements. Charl (32), who is also a union member, works at the Pan African Mine in Barberton and is the son of Stan’s sister. He was born 98% deaf, is not interested in cochlear implants and has established himself in the deaf community.

He does speak but those listening need to pay attention to follow his speech patterns. He works as a Level 2 in the mine, which is quite extraordi-nary as he is probably the only deaf person in SA who can boast he’s working underground.

Charl is multi-talented and apart from being a qualified electrician and chef (attended Hotel School), is also an IT enthusiast. He’s a keen sportsman who regularly swims the Midmar Mile, participates in the Argus

cycling event and is pas-sionate about mountain biking.

He con-tributes to his commu-nity by making training

programmes that are used to assist his deaf peers to overcome their individual challenges. An American TV programme called No barriers featured his story and those interested can access the website www.deafnation.com

Charl’s father Casper says what sets him apart is his “I can” attitude. The only thing he asks of socie-ty is tolerance. Fortunately, his colleagues are willing to go the extra mile to provide assistance where required and this enables him to function effectively.

Inspirational Charl

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NEWS Labour Dynamix

10 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

LETTERSCHART-TOPPING DUOI wish to bring it to the attention of manage-ment my appreciation and gratitude towards Mr Vusi Mashinini and George Manganyi for their help in assisting me. I was making no headway at the regional levels due to UASA Officials that were too busy to intervene in a case that required attention. Hence, after contacting the head office and speaking to Vusi and George, I was given something new in the form of “HOPE” .

Their attitude was exceptional and they assisted me in a way that I didn’t think existed. It was beyond world class and these two gentlemen need to be commended for their hard work, dedication and, most of all, they both motivated a member that had given up all hope.

Their attitude towards me has been one of un-derstanding and caring. They explain things in detail, their approach has been really outstanding and words alone cannot describe the difference that they have made in my life. I am made to feel like family rather than a member by them.

UASA is a good union and with people like Vusi and George it makes UASA a great union. At the end of the day, as a member I feel honoured being part of UASA due to the service received from these two gentlemen.

May the Almighty bless all at UASA and their families.

Thank you Zain Harris

ANOTHER FEATHER IN GEORGE MANGANYI’S CAP

I would like to thank you for your kindness and help with the Medical Bureau, as I was first notified of ob-structive airway disease first degree in 1994. Last year [*2012], my lungs collapsed and the Medical Bureau stated that I was in the same condition as in 1994.

On medical advice, I submitted an appeal against the decision, as all medical evidence proved that I was past second degree. That is when I came to you and with your help – your writing to the Medical Bureau. I was then notified of obstructive airways disease second degree.

I am grateful for what you have done for me and again I thank you and the union very much.

SincerelyFulvio Gernecca

*Mr Gernecca’s letter to UASA was dated November 2013.

Join SA Association of Retired Persons, it’s freeThe South African Asso-ciation of Retired Persons (SAARP) has a great website www.saarp.co.za that offers senior citizens anything from com-petitive insurance rates to fantastic cruises and holiday deals. It’s a fun site to visit, as it keeps the retired community in

touch with what’s avail-able out there. It provides details on-line of all the services available to its members, among which a 48-page magazine (in electronic or hard-copy format), discounts and a loyalty card that allows for up to 5% discount on purchases at major super-

markets and stores. SAARP is a service

organisation for Senior Citizens over the age of 50 years and has more than 100 000 members coun-trywide. Membership is free, as all income is gen-erated from commissions from the various services that the members use.

The Financial Services Laws General Amendment Act, 2013, signed into law on 16 January 2014, amends Section 37 of the Pensions Funds Act.

From the effective date, yet to be announced, it will make the failure to pay retirement fund contribu-tions over to the relevant fund a criminal offence, li-able on conviction to a fine not exceeding R10-million and/or to imprisonment of up to 10 years.

In addition to criminal-ising the non-payment of contributions, the revised Section 13A(8) seeks to at-tach personal liability to the person responsible for not paying the contributions. 

The revised Act stipu-lates that “Every director who is regularly involved in the management of the company’s overall financial affairs” will be personally liable for the payment of

fund contributions.  The new law will force

retirement fund trustees to take positive steps to ensure that requirements are met. Funds will, for example, have to request the participating employer to identify those who are personally responsible. Should the employer fail to do so, all the directors of the company will be personally liable.

In the case of a closed corporation (CC) the members who are regularly involved in the manage-

ment of the CC’s overall financial affairs will be liable. In other firms, all the persons comprising the governing body of the employer who are regularly involved in the firm’s over-all financial affairs, as the case may be, will be liable.

The new requirement constitutes a significant business risk for employ-ers and their (finance) directors and is one that will have to be managed carefully in future.

The message to each employer is clear: the

payment of retirement fund contributions is now protected and if you fail to pay accordingly, you will be guilty of an offence and one or more directors will be held liable for the pay-ment of the contributions in their personal capacities – and may even be impris-oned for up to 10 years or fined up to R10-million.

The message to the financial directors is a little different, but equally clear: if the employer is not able to pay the contributions, you may be liable for the payment in your personal capacity.

The Trustees of the Engineering Industries Pen-sion Fund (EIPF) and the Metal Industries Provident Fund (MIPF) will take steps to ensure vigorous compli-ance with these new laws in partnership with the Metal and Engineering Industries Bargaining Council.

EMPLOYERS BEWARE, YOU ARE TO BE HELD RESPONSIBLE Pay over those retirement contributions, or face jail

Stan Kopelowitz has proven to be is a multitasker par excel-lence. Apart from the many Vice-President’s duties that he attends to in his busy schedule, he managed to recruit a bevy of new UASA members during 2013, winning him the title of Recruiter of The Year in the Klerksdorp area. Congratula-tions, Mr Vice-President.

Who says VPs don’t recruit?

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LIFESTYLELabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 11

UASA’s Marlicht holiday resort in Margate passed the AA’s quality assess-ment with flying colours. The self-catering suites and apartments received a three-star grading for its accommodation and facilities.

The AA Quality As-sured (AAQA) Accommo-dation Programme is an internationally recognised grading system, which sets the standards for quality in the hospitality industry. Receiving the AAQA’s seal of approval means that the property and facilities satisfied the AA’s stringent requirements and, there-fore, present a product which offers high levels of professionalism and at-tention to detail in décor, quality of furnishings and service.

Apart from commend-ing the management, location and functionality of Marlict, the assessment report highlights outstand-ing qualities in the follow-ing areas:• Check-in• Cleanliness• General efficiency• Maintenance• Friendliness• Local knowledge• Service & efficiency• Spacious, comfortable

and stylish bedrooms and bathrooms

• Safe and convenient public areas

• Aesthetically pleasing buildings and improve-ments

• Safe, dedicated under-cover parking and visitor’s parking

• Overall safety of the complex.

UASA is pleased to announce that the Quality Assured

Assessment Report carried out by the AA on 25 January 2012

confirmed the status of Marlicht as AA Quality

Assured Highly Recommended Accommodation.

Marlicht receives three starsQuality accommodation on the South Coast

EXPLORE MARLICHT VIA NEW WEBSITE

UASA’s Marlicht holiday resort is an apartment complex with spectacular ocean views, located in the seaside town of Margate, on KwaZulu Natal’s South Coast. It’s a prime holiday spot, particularly popular with families and young people. It boasts a great beach and access to all the amenities of the South Coast, such as the Wild Coast casino complex. Sports fans visiting the area can look forward to playing golf and tennis, fishing and swimming.

The resort is rated three stars and is AA approved, which means its AMENITIES are inspected regularly and rated accordingly. Apartments are available in various sizes to suit everyone’s needs.

Marlicht is open to the public and UASA mem-bers, alike, but only members qualify for an automatic 20% discount.

The South Coast is a great place to holiday when facilities inland are dealing with winter conditions.

Marlicht Holiday Resort now has its own website. For further information and visuals go to: http://www.marlicht.co.za

READERS WIN BIG

COMPETITION QUESTION:What is the name of the character played by Jack

Devnarain in the TV soap Isidingo?(Clue: See page 8 of this edition of Labour Dynamix)

You may e-mail your answer to [email protected] or sms the word UASA followed by your answer to 32545, or you

may enter via the web at www.uasa.co.za/competition. The closing date for this competition is 02 May 2014. Two

lucky winners will be drawn from all the correct entries. Please submit only one entry per member.

OUR CONGRATULATIONS GO TOMR JOHAN NEL FROM BOKSBURG AND MR ADRIAAN SCHULTZ FROM RUSTENBURG.

Each of these two readers won R2 500 for giving the correct answer to our competition question:

“What is the name of the aerotropolis in which UASA’s Bedfordview office is located?” – which is Ekurhuleni.

LABOUR DYNAMIX CONGRATULATES OUR LUCKY WINNERS.

WHAT’S THE MESSAGE COMPETITION

A TOTAL OF R5 000 TO BE WON IN CASH

Two winners

will each win

R2 500

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LIFESTYLE Labour Dynamix

12 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

For the first time, home buyers of colour – black, coloured and Asian – out-number whites since FNB started tracking these numbers in 2005. In its latest Estate Agent Survey report, First National Bank (FNB) says less than half of all buyers last year were white, down from 57% in 2005 to 48,5% in 2012. In contrast, the percentage of black, Asian and coloured suburban buyers rose from 43% in 2005 to 51,7% last year.

FNB Property Strate-gist John Loos says this can be ascribed to the

larger number of previ-ously disadvantaged groups entering the labour market, aided by employ-ment equity legislation. “The disposable income among these groups has therefore been growing at a faster rate than among the white population.”

Among Black South African home buyers, sales are up from 23% in 2005 to 31% last year.

However, Asian and coloured groups have seen little movement in their percentages. Asian buyers rose slightly from 8% to 8,5% over the past

nine years, while the percentage of coloured buyers has remained at 12% since 2005.

As these new home buyers tend to enter the market by buying in low-income white neighbour-hoods, these have be-come racially integrated in the process.

Mr Loos said another key contributor to these latest findings was South Africa’s ageing white population, meaning that the pace at which white homeowners exited the property market had prob-ably accelerated.

MAJORITY RULES HOMEOWNERS MARKET

CYBER EASY

Legkaart van jou gesigMARTHIE MARÉWat is die X-faktor wat jou dadelik van sekere mense laat hou terwyl jy sommer met die eerste oogopslag wéét dat jy weer glad nie met iemand anders oor die weg gaan kom nie? Hoeveel keer het jy al gewens dat jy ’n gebruikershandleiding het vir elke persoon wat jy ontmoet of ’n tweede kans kan kry om ’n beter eerste indruk te maak?

Legkaart van jou gesig bied ’n inleiding tot Fisionomie (studie van die gesig) wat die teorie agter elke gelaatstrek verduidelik en bevat praktiese wenke oor hoe om jou ware self weer te ontdek, effektiewe kommunikasie te bevorder en verhoudings te versterk. Die teorie word eenvoudig beskryf en gesteun deur foto’s wat dit maklik maak om nie net jou eie karaktereienskappe te kan herken nie, maar ook dié van jou familie, vriende, kollegas en selfs ’n moeilike skoonma!

Dit is ’n praktiese gids wat in jou persoonlike lewe sowel as in die werksplek gebruik kan word. Leer hoe om jou kliënt se vertroue te wen of hoekom jou kind so rebels is. Ontdek jou talente en uitdagings en die geheime boodskap wat skuil agter ’n skalkse glimlag of ’n kwaai fronsplooi!

DIE SKRYWERMarthie Maré is van die eerste voltydse praktiserende fisionome in Suid-Afrika met reeds meer as sewe jaar ervaring.  Sy het in haar beroepslewe meestal met mense gewerk en vorige diens in die vermaaklikheid-, gasvryheid-, verkope en bemarkingsvelde het haar laat besef dat effektiewe kommunikasie van kardinale belang is om goeie verhoudings te smee. Sy deel vandag haar kennis van Fisionomie deur persoonlike- sowel as besigheidskonsultasies, korporatiewe aanbiedings, spanbousessies en opleiding. Sy het persoonlikheidsprofiele van talle Suid-Afrikaanse vermaaklikheidskunstenaars en ander beroemdes saamgestel en het bekendheid verwerf deur TV- en radio-onderhoude en verskeie koerant- en tydskrifartikels.

Uitgegee deur LapaPrys R185*

Your face puzzleMARTHIE MARÉWhat is the X-factor that makes you take an immediate liking to some people, while with others you just know at first glance that you won’t get on at all? How many times have you wished that you had a user guide for every person you meet, or that you could get a second chance to make a better first impression?

Your Face Puzzle offers an introduction to Physiogno-my (the study of the face) that explains the theory behind every facial feature and includes practical hints on how to rediscover your true self, promote effective communica-tion and strengthen relationships.

The theory is described in a simple way and is supported by photographs that make it easy to not only recognise your own characteristics, but also those of your family, friends, colleagues and even a difficult mother-in-law! It’s a practical guide that may be used in your personal life as well as at work. Learn to win your client’s trust or find out why your child is so rebellious. Discover your talents and challenges and the secret message that hides behind a mysterious smile or an angry frown line!

THE AUTHORMarthie Maré is one of the first full-time practising physiognomists in South Africa, and has more than seven years of experience in this field. In the course of her career she has worked mainly with people, and her former service in the fields of entertain-ment, hospitality, sales and marketing led her to realise that effective communication was crucial in building good relationships. Today she shares her knowledge of physi-ognomy through personal as well as business consultations, corporate presentations, team-building sessions and training. She has compiled personality profiles of several South African entertainment artists and other famous people, and has become well-known via TV and radio interviews and several newspaper and magazine articles.

Published by LapaPrice R185*

Books/Boeke

* Pryse is onderhewig aan verandering / Prices are subject to change

DAGSTUKKIES

*Now also available in English

’n Besielende publikasie wat bedoel is om mense te help om hul Christe-like geloof by die werk uit te leef het onlangs die lig gesien.

Die publikasie, getitel Wees ’n vuurtoring in jou werk, is opgestel

deur Professor Luther Backer, ’n emeritus professor in Arbeids-verhoudinge van die Universtiteit van Johan-nesburg.

Die publikasie bestaan uit twee boekies − Volume I en Volume II, ook nou in Engels beskikbaar − elk met ’n versameling uitgesoekte dagstukkies wat Profes-sor Backer voorheen vir die webblad www.ekerk.co.za se rubriek E-Arbeidsake geskryf het.

Die dagstukkies verskaf riglyne oor wat God se bedoeling met

werk is, hoe elkeen vir die Here deur middel van sy/haar werk kan getuig, en dit gee By-belse riglyne oor gedrag in die werk en wat dit beteken om eerlik op te tree. Dit bevat ook prak-tiese wenke rakende hantering van dissipline in die werkplek, dienste wat vakbonde kan lewer, asook hoe om saam te leef met person-eelafleggings.

Vir bestellings, tree in verbinding met Marie Wood, UASA, Tel 011 472 3600 uitbr. 273 of e-pos [email protected]

’N GEESTELIKE LIGSTRAAL IN DIE WERKPLEK

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LIFESTYLELabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 13

In UASA’s quest to continu-ously and effectively inter-act with its members, the Union ensures that it stays abreast of new trends and technology in the world of communications.

Internet and electronic communication doesn’t just mean new tools for communication, it means new ways to communicate, which is why we commu-nicate with our constituent audiences differently – our members and stakehold-ers, our staff, our industry partners, the media and others – depending upon the nature of the message, the goals we are aiming to achieve and the strengths (and weaknesses) of the available media – tele-phones, voice mail, e-mail, fax machines, print, etc.

Electronic commu-nications add a powerful new channel that not only changes how we use this mix of options, but it cre-ates entirely new ways to interact, hence, we have discovered the immeasur-able value of the social media.

UASA currently em-ploys the following mix of electronic communication platforms for disseminating news and information:• The UASA website• Labour Dynamix Snip-

pets• Facebook• Twitter• Mini Bulletins• Sms messaging• UASA dot mobi site

THE UASA WEBSITE www.uasa.org.zaDesigned to give online visitors easy access to a host of information, services, benefits and products, the website integrates visually pleasing information pages with functionality.

FACEBOOK AND TWITTER – TWO LOYAL COMPANIONS, ANYWHERE IN THE WORLDSince the launch of UASA’s Facebook and Twitter pages, members in the Personal Care, Mining and Aviation sectors appear to be keen users of the medium. We believe that members in other sec-tors and industries will

be equally keen on using these communications platforms to interact with us – and with other UASA members. While UASA’s Facebook Page has grown at a steady but satisfactory pace, it goes without saying that capturing those impor-tant Facebook LIKES is vital to the Union’s communications aims and campaigns.

LABOUR DYNAMIX SNIPPETSSnippets is UASA’s elec-tronic news bulletin, sent to all members who have e-mail addresses. If you do not receive Snippets, it probably means that UASA does not have your e-mail address in its da-tabase. Send your e-mail address to [email protected] in order for your

name to be placed on the mailing list.

SMS MESSAGINGUASA sends sms messages to all its members whose cellphone numbers are re-corded in the Union’s data-base. If you as a member do not receive sms messages from UASA, it probably means that UASA does not have your cell number in its database. Send your cell number together with your name and membership number to [email protected] in order for your correct cell number to be recorded in the database.

COMMUNICATION

Electronically speaking TECHNOTALK

By Francois van Oudtshoorn

Surgical stitches and plasters may soon belong to the past. A revolutionary new bio glue that can seal ruptured blood vessels and patch up holes in a pig’s heart, has been developed in the USA and holds promising prospects for human medical science.

The American maga-zine The Scientist recently published details of this new surgical glue that has been successfully tested on pigs. The glue, which is a nontoxic polymer, when activated by light becomes tacky and sticks well to wet tissue, repels blood and water and is strong enough to bind major blood vessels

– even when under the pressure of flowing blood.

Inspired by the gooey secretions made by slugs, snails and worms and realizing an opportu-nity to improve how blood vessels and congenital heart defects are repaired during surgery, the team of researchers developed and tested the glue on pigs.

The team, led by Jeffrey Karp, a bio-engineer at the Brigham and Women’s Hospital in Boston, and Boston Children’s Hospital cardiac surgeon Pedro del Nido, has so far shown that the glue can seal the carotid artery and stick to the heart wall during surgery.

“We tested the adhe-sive in probably the most demanding and dynamic

environment in the body – the heart – and found that it works,” said Del Nido. “This is a very high bar. Something like this could revolutionize the way surgery is done, especially on the delicate tissue of new-borns and children,” he said.

The surgical glue will soon be tested as an agent to seal the holes created by su-tures during cardiac surgery. “This is the first and safest place to begin to test the glue in patients because the adhesive will not be holding the vessels together,” Del Nido said. The next step would be trials using the adhesive to bring vessels to-gether or close holes in the heart without the presence of sutures.

A BREAKTHROUGH IN MEDICAL SCIENCE

VECTORBUTTONS.COM

VECTORBUTTONS.COM

www.facebook.com/uasa.za

www.twitter.com/ uasa_the_union

SMARTER APPLICATION

UASA dot mobi site now on your smartphoneMembers can now interact with UASA by cell phone through the UASA website.

View your personal profile by logging on to the website and make changes where necessary. Simi-larly, members can communicate with the union, asking for advice and directing general queries while also being able to access and view all their services and benefits.

Simply log on to www.uasa.co.za and you will au-tomatically be redirected to the UASA dot mobi site.

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LIFESTYLE Labour Dynamix

14 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

Deur Francois van Oudtshoorn

Daar is ’n Afrikaanse gesegde wat lui: “moenie ’n persoon op sy baadjie takseer nie”. Ek het die volle betekenins van die gesegde ontdek...

Ek kry somtyds, wanneer ek ’n vreemdeling gadeslaan, ’n gevoel van deernis in my opwel, dan weet ek daardie persoon is ’n goeie mens. So sit ek vanoggend en teug aan ’n koppie kafeïne by my geliefde koffiestop oppad werk toe, toe ’n vroutjie met ’n redelike vaal voorkoms die toonbank nader en nederig en onseker haar bestelling vir koffie by die dierbare Doris (die koffiemaakster

agter die toonbank) plaas. Die vrou met haar

blonde haredos waardeur swart slierte begin deurskemer is gekleë in ’n rokkie wat dalk in die 60’s tuishoort en sy trap eerbiedig rond terwyl sy haar cappucino met die plastiek-spaantjie roer. Toe sy die spaantjie en oorblyfsels van die suikersakkies versigtig in die vullisdrommetjie plaas, val dit op die vloer en sy tel dit “apologeties” op en plaas dit met presisie in die blik, stukkie vir stukkie. Ek dag so in my enigheid: fooitog, dit lyk na so ’n dierbare mensie, wonder wat sy so vroeg hier langs die snelweg maak? “Sy lyk nie na ’n kantoorjuffer of boekhoudster nie, dit sal interessant wees om te sien met watse motor sy ry, seker ’n ou “beat-up” Datsun 1200,” sê ek vir myself.

Ek drink my koffie klaar en, met dié dat

ek na my motor stap, merk ek haar by die petrolpomp terwyl sy die joggie betaal,

vriendelik soos

wanneer mens ’n fooitjie vir die karwag by Pick ‘n Pay gee. Laasgenoemde hou sy hande ewe beleefd bak, nes ou Mahlangu wanneer hy “geld vir ’n doppie” gevra het. En toe bestyg sy die vuurwa en skuif gemaklik agter die stuur in, soos Plesierengel se trokdrywer Santa dit sou doen. “Mamma mia! Wat se “beast” is dit?” roep die stemmetjie in my uit. “’n Nuwe 4x4 op steroïde, kompleet met ’n “sespak” op sy enjinkap en ’n bagasierak op sy dak!”

Ek sluit my motor aan en ry niksvermoedend terug snelweg toe. Woerts, kom sy by my verby gejaag en wys my haar 4x4 se agterend met plakkertjies op die venster wat verklik dat sy ’n ma is. Blitsig smelt sy in die verkeer op die snelweg weg met “ panache” en “flair” wat enige gedugte F1-renjaer na sy asem sal laat snak. En daar verdwyn sy, nes die slang in die Bosveld toe dit destyds vinnig onder my beskeie ou karretjie ingeseil en die donkerte in verdwyn het...  next stop seker Bloemfontein...

RECIPE

Complete the grid so that every row across, every column down and every 3x3 box is filled with the numbers 1 to 9. That’s all there is to it! No mathematics is involved. The grid has numbers, but nothing

has to add up to anything else. You solve the puzzle with reasoning and logic. For an introduction to Sudoku see http://en.wikipedia.org/wiki/Sudoku

Crossword and Sudoku puzzles: Supplied by XWord.co.za

SOLUTIONS ON PAGE 20

PUMPKIN SOUPINGREDIENTS• 1 kg pumpkin, peeled

and cut in cubes• 1 litre chicken stock• 2 medium size po-

tatoes, chopped or grated

• 1 chopped onion• 125ml can coconut

milk• Pinch of nutmeg

• 1 tablespoon yogurt (preferably Bulgarian)

• Grated peel of ½ lemon or orange

• Feta cheese• Mozarella cheese

(optional)

METHODPlace pumpkin, potatoes and onion in a pot with

a little water and steam until soft.Puree in a liquidiser until smooth.Return to pot and add the rest of the ingredi-ents, except the feta.Add salt to taste.Simmer for 5 min-utes and garnish with crumbled feta cheese.

C R O S S W O R D P U Z Z L E n o . 2 4

ACROSS 1 Unfortunate accident (6) 5 Power in a political sphere (6) 10 Person who serves in an army (7) 11 Odd (7) 12 Cause someone to feel very enthusiastic (6) 15 Exceptionally intelligent person (6) 16 Spicy dish served as an hors d’oeuvre (7) 17 Goodbye (2-2) 18 Used to make frittatas and omelettes (4) 19 Dating from very long ago (7) 20 Assistant to a political leader (4) 22 Musical composition, numbered in order of publication (4) 25 Embarrassed (7) 27 Statement of facts (6) 28 Burglar (6) 31 Brutal (7) 32 Activities pursued in spare time (7) 33 Playful and friendly exchange of teasing remarks (6) 34 Day nursery for very young children (6)

DOWN 2 Forbidden by law (7) 3 Lifts up by mechanical means (6) 4 Free of any contamination (4) 5 Tall upright post on a ship (4) 6 Investigation of the opinions of a group of people (6) 7 Floor area at the top of a flight of stairs (7) 8 Insist on having one’s rights recognised (6) 9 Playing in opposition to (6) 13 Sincere in intention (7) 14 Leisure time away from work (7) 15 Molar tooth (7) 20 Reach your destination (6) 21 Certificate awarded by an educational establishment (7) 23 Prepare and issue a book for public sale (7) 24 Mental or physical strain (6) 25 Apprehend a criminal (6) 26 Twofold (6) 29 Move a teaspoon through coffee (4) 30 Elegantly and stylishly fashionable (4)

S U D O K U P U Z Z L E N O. 2 4 – E A S Y L E V E L

Send your recipes and photos to Labour Dynamix, PO Box 565, Florida 1710 or e-mail [email protected]

* Recipe supplied by Neta Tanzarella

Voorkoms is misleidendHUMOR VIR DIE SPANNING

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LIFESTYLELabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 15

If you have any artefacts that you think may interest our readers, please send a photograph and information to Labour Dynamix, PO Box 565, Florida 1710, or e-mail [email protected], or invite us for an interview and photo shoot.

Few people can boast that they own an heirloom handed down from their great grandparents. UASA member Marno du Plessis is the proud owner of such an item – a Singer 20 sew-ing machine, also known as the Singer Sewhandy. It belonged to his great grandmother Martha Cath-arina Bouwer and she was so prolific with this handy toy machine that great grandson’s house boasts all her fine needlework, quilts and embroidery – some of it produced on this small Singer sewing machine.

After the birth of Marno’s mother in 1928, his great grandmother dutifully passed on her knowledge through inti-mate and colourful lessons to her great granddaugh-ter, whose output soon eclipsed that of her great grandmother’s, using the

heirloom Sewhandy as well as a professional Singer sewing machine that she later acquired.

Women referred to it as a Baby Singer and it was initially sold as a toy. But it soon got elevated to a new more useful status. Students and travellers found it handy for doing “real” [adult] sewing, embroidery, patchwork and even quilting, and children were soon properly trained in the art of sewing on this remarkable modest little helper that stood the test of time. Its manufacturers barely changed its mechan-ics and technicalities over the years and it was soon established as the most popular and successful toy sewing machine of all time.

Marno seems to have attracted unique antiques from his illustrious family – precious collectors’ items

that have stood the test of time. While his Singer Sewhandy is well over a hundred years old, he previously contributed to Labour Dynamics a photo of a priceless scale he owns that even survived the Great Trek.

A SHORT HISTORYThe Sewhandy or Singer 20 was introduced in 1910 and continued to be produced until the 1970s, with almost no structural or engineering changes. It was manufac-tured at the Elizabeth factory in New Jersey, some 60 years after Isaac Merritt Singer founded the great Singer Manufacturing Company.

Early Singer toy sewing machines were clearly aimed at children. However, later Singer toy sewing machines were sold as light portable machines for adults while their toy counterparts were still as popular as ever. This was probably to gain a grip on the larger market of full-sized “adult” machines.

As most women know, the Singer 20 toy sewing machine produces a simple chain stitch. Over the years, as patents ran out, the Sewhandy machine was one of the most widely copied toy sewing machines ever. This ingen-ious cast iron toy sewing machine was durable, long lasting and has become a prized possession among collectors, worldwide, especially the different coloured models.

TREASURE CHEST

A MACHINE THAT HAS STOOD THE TEST OF TIME

HOW TO CHANGE YOUR CAR’S ENGINE OIL AND FILTER

Readers are invited to send us topics that they would like our handyman to discuss in this column. E-mail your suggestions to [email protected], or write to

Labour Dynamix, PO Box 565, Florida 1710.

From theHandyman

RECOMMENDED TOOLS: Claw grip, wrench, or a big pair of pliers with which to grip the filter and undo it.

First, take your car for a short drive to allow the engine to warm up before you start the job. Position the vehicle on a ramp so that the oil filter is easily accessible, but take care as this could be dangerous.

Remove the sump plug at the lower end of the sump which holds the engine oil. Make sure that the plug’s seal is intact, or replace it with a new seal.

Drain the oil in a large enough catchment tray.Replace the sump plug (with the seal in position) and tighten it with the right size spanner. It needn’t be excessively tight.

Now remove the oil filter. One turn with a grip tool should loosen it enough to twist it off by hand. Be careful, as there will still be a certain amount of oil in the filter which will run out as you loosen it.

Prime the rubber seal around the edge of the new filter by applying a bit of the new oil around the rubber gasket - just enough to make it damp. Then install the new filter by hand. Don’t use a wrench or grip tool, just turn it with your hand until is cannot be tightened any more.Wipe any oil residue with a rag or paper towel to avoid dripping on your garage floor or driveway.

Refill the oil tank by opening the cap and carefully pouring the right quantity of oil into the tank, preferably with a funnel (look in your car’s owner’s manual for the right quantity of oil).

Check the oil dip stick in the engine to make sure that the oil tank is filled to the right level (look in the owner’s handbook for information on the levels). Tip: First clean the dip stick with a rag or paper towel before reinserting it.

Replace the oil tank cap. Start the engine up to allow the filter canister to fill up. Tip: Check that the oil light on the dash board illuminates at start-up and fades [extinguishes] thereafter, which will be an indication that the oil pressure is correct.

Check the dip stick once again to see that the oil level is right. Top up if neces-sary, but don’t overfill.*TIP: Check the garage floor or driveway af-ter an interval to see if there is a possible leak.

1910The Singer Sewhandy introduced1912 The Titanic sinks1913 First crossword puzzle1914 First traffic light1916 First grocery store opens in USA1920

First commercial radio broadcast aired1921 Lie detector invented1922 Tomb of King Tut dis-covered1923 Talking movies invented1924 First Olympic Winter Games1925

Flapper dresses in fashion1926 Robert Goddard fires his first liquid-fuel rocket1927 BBC founded1928 Sliced bread invented • 6 January 1928: Anna Bouwer, mother of the current owner of the Singer in our photo, was born on this day.

1910 – 1920 TIMELINE

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LIFESTYLELabour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 17

NOVEMBER 2013 Surname Initials Branch Desc Surname Initials Branch Desc Surname Initials Branch Desc

OCTOBER 2013 Surname Initials Branch Desc Surname Initials Branch Desc Surname Initials Branch Desc

DECEMBER 2013 Surname Initials Branch Desc Surname Initials Branch Desc Surname Initials Branch Desc

JANUARY 2014 Surname Initials Branch Desc Surname Initials Branch Desc Surname Initials Branch Desc

BHAGWANDIN D PENSIONER MEMBER - EX INDEPENDENTCAMPHER GSC WIDOW MEMBERCARLSTON BK LIFE MEMBER - EX LIBANON GMDE WET JM PENSIONER MEMBER - EX INDEPENDENTDEVENISH LWJD LIFE MEMBER - EX SAAIPLAAS GMFERGUSON E PENSIONER MEMBER - EX INDEPENDENTGRADIDGE RJ LIFE MEMBER - EX INDEPENDENTHAYES LE ATLANTIS FOUNDRIES MK KGANARE A ANGLOGOLD ASHANTI LTD - WEST WITS-

MPONENGKRUGER HKH LIFE MEMBER - EX INDEPENDENTLABUSCHAGNE MA VICTORIA ENGINEERINGLABUSCHAGNE AJ HARMONY GOLD MINING CO LTDLE ROUX CME LIFE MEMBER - EX INDEPENDENTLOURENS JJ LIFE MEMBER - EX DURBAN DEEP GM MABULE K ANGLO PLATINUM - RUSTENBURG PLATINUM

MINESMADUBUNG PR ANGLO PLATINUM - RUSTENBURG PLATINUM

MINESMALAN JE WIDOW MEMBERMMESI JM IMPALA PLATINUM LTDMOLETE MJ ANGLOGOLD ASHANTI LTD - WEST WITS -

TAUTONAMPELUZA SC MAKANA SECURITY CC T/A HI TEC SECURITYNTLANJENI S ADEL GROUP PTY LTDOOSTHUIZEN JL CROSSWAYS BARBER SHOPPRETORIUS MA PENSIONER MEMBER - WIDOWREED A SELF EMPLOYEDSHAKU TJ GOLD ONE INTERNATIONAL LTD [RAND URA-

NIUM SHELEMBE XP SPEC MOULDERS [PTY] LTDVAN GREUNEN CJ LIFE MEMBER - EX INDEPENDENT

VAN RENSBURG ML WIDOW MEMBERVERHAGE C EKURHULENI METRO COUNCILBARNES BM HONORARY LIFE MEMBER - EX SALSTAFFBOTHA CE WIDOW MEMBERDENESE A AVENG GRINAKER LTAKESHWAR M NETU – RETIRED MEMBERLEKHOOA RD HARMONY GOLD MINING COMPANYMAAS HF ANGLO PLATINUM – SWARTKLIPMABBETT PL LIFE MEMBER – EX HARMONY GM       MONGALE OP ANGLO PLATINUM – RUSTENBURG PLATINUM MINESNDABA LP ANGLO PLATINUM – RUSTENBURG PLATINUM MINESNEYT SRT NETU – RETIRED IRON MOULDERSSEPTEMBER DT GOLDEN ARROW BUS SERVICESTSHUKULA M DIX ALUMINIUM & GLASS CC

SALGADO F BRITISH AMERICAN TOBACCO OF SANINI XP COMAU SA BODY SYSTEMS (PTY) LTDERASMUS WP LIFE MEMBER – EX DRIEFONTEIN GM

DE VILLIERS WR NETU RETIRED MEMBERJONATHAN RA PENSION MEMBER – EX INDEPENDENTTHERON ED PENSION MEMBER – EX INDEPENDENT

MATHER MF PENSION MEMBER – EX FINCH DIAMOND MINESSLIER KE PENSION MEMBER – EX INDEPENDENTCOETZEE FJD SASOL PENSION FUND

BEZUIDENHOUT FGCC LIFE MEMBER - EX RUSTENBURG PLATSBREDENHANN MJ PENSIONER MEMBER - EX INDEPENDENTCRONJE BE INDEPENDENT MEMBERDENYSCHEN DJ LIFE MEMBER - EX INDEPENDENTDOWLING RCC PENSIONER MEMBER - EX INDEPENDENTDU PLESSIS GVW LIFE MEMBER - EX INDEPENDENTECKARD JK LIFE MEMBER - EX WESTERN HOLDINGS GMGERBER JJ LIFE MEMBER - EX WESTERN HOLDINGS GMHENERY NJ DENEL SAAB AEROSTRUCTURESJANSEN JP LIFE MEMBER - EX SA MANGANESEKHUMALO PO ZLOTOWSKI DIAMOND CUTTING WORKSKRUGER LM CARLSON ENGINEERING & CONS LUDICK EC PENSIONER MEMBER - EX INDEPENDENTMATHONSI RS SA AIRWAYS PASSENGER SERVICESMATIKINCA DT DURBAN MARINE THEME PARK

MKHABELA NE JARD SECURITY PTY LTD t/a INYALA SECURITYMSANA M LELALA MANPOWER SERVICESREYNECKE PJ ANGLO GOLD ASHANTI SCHMUTZ NC PENSIONER MEMBER - EX INDEPENDENTSTAMP TS PENSIONER MEMBER - EX WESTERN HOLDINGS GMVAN RENSBURG AD WIDOW MEMBERVAN WYK WC LIFE MEMBER - EX INDEPENDENTVAN WYK LJ MINES RESCUE SERVICE [PTY] LTDVERMAAK DS DENEL DYNAMICS (KENTRON AEROSPACE)ZUNGUZE SA ANGLO PLATINUM - RUSTENBURG PLATINUM

MINESGQEBA ZT ANGLO AMERICAN – RUSTENBURGMODISAKENG KP ANGLO PLATINUM - RUSTENBURGMAKHARI EK ANGLOGOLD ASHANTI LTD – VAAL RIVERMALUNGANE JZ BAFOKENG RASIMONE MINE

BARNARD TG CM MEMBERBELL E HONORARY LIFE MEMBER – EX INDEPENDENTLIEBENBERG JD LIFE MEMBER – EX INDEPENDENTGRAHAM RJ LONMIN – WESTERN PLATINUMZIKHALI S METSO ND ENGINEERINGMC NICOL GCB PENSIONER MEMBER – EX INDEPENDENTVAN DER MERWE GJ PENSIONER MEMBER – EX INDEPENDENTOOSTHUIZEN GJ PENSIONER MEMBER – EX INDEPENDENTBODENSTEIN GJ PENSIONER MEMBER – EX LONMIN – WESTERN

PLATINUMVIVIERS A SAMANCOR – WESTERN CHROME MINESPULE TJ SIBANYE GOLD LTDLOMBARD DC WELKOM RIGGINGLE ROUX C WIDOW MEMBER

BLOM MMHC WIDOW MEMBERBOTES PA WIDOW MEMBERCOETZEE MC LIFE MEMBER - EX IMPALA PLATINUM MINESCORREIA ID PENSIONER MEMBER - EX INDEPENDENTDAVIDTSZ H PENSIONER MEMBER - EX ANGLOGOLD ASHANTIFERREIRA HPJ MIDVAAL WATER COMPANYGEYSER OP LIFE MEMBER - EX XSTRATA SA COLLIERYGOOSEN AJ PETRA DIAMONDS SA (PTY)HANEKOM AK WIDOW MEMBERHARMSE CW WIDOW MEMBERHILSE AJ WIDOW MEMBERHOLTON HS LIFE MEMBER - EX INDEPENDENTJACK GA PENSIONER MEMBER - EX INDEPENDENTJOUBERT JJ WATERCARE MINING

KHUMALO EN ZLOTOWSKI DIAMOND CUTTING WORKSKOOPMAN SR MASONITE AFRICA LTDLUKE CJ LIFE MEMBER - EX CROWN MINESMAJOLA N TANSNAT AFRICAMALONEY D LIFE MEMBER - EX WEST DRIEFONTEIN GMMANYENDA MS WEG TRANSFORMERS AFRICAMAPULANE BK LONMIN - WESTERN PLATINUMMASHAMPA SS ATKV KLEIN - KARIBAMPEMBE WM BASCOL (PTY) LTD MTHETHWA SM MAZOR STEEL (PTY) LTDNAUDE JJC PENSIONER MEMBER - KLOOF GOLD MINESPATTENDEN KG LIFE MEMBER - EX DOORNFONTEIN GMPELSER S IMPALA PLATINUM LTDPRETORIUS JL NETU - RETIRED MEMBER

RAMSAHAYEE IS ARCELORMITTAL STEEL SA LTD- NEWCASTLE WORKS

ROUX GJ ANGLO PLATINUM - RUSTENBURG PLATINUM MINES

SEBIGI KJ ANGLOGOLD ASHANTI LTD - VAAL RIVER SMITH G LIFE MEMBER - EX FREEGOLDVALOO S SAPPI PAPER & PAPER PACKAGING - STANGER

MILLVAN COLLER JM WIDOW MEMBERVAN DER MERWE WDJ PENSIONER MEMBER - EX INDEPENDENTVAN DER WESTHUIZEN GJV PENSIONER MEMBER -EX HARMONY GM VENTER HA WEST SIDE CUSTOM WILLIS OWG NETU - RETIRED MEMBER

OBITUARIES

(NAMES NOT PUBLISHED IN THE PREVIOUS EDITION OF LABOUR DYNAMIX)

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LIFESTYLE Labour Dynamix

18 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

CANSA

By Helen Ueckermann

Most of us desperately want to save, but don’t know how, or believe we just don’t earn enough to make a worthwhile start. It may be we simply lack confidence.

The wonderful thing about saving is that just doing it gives confidence. Once you have even a small amount in your bank account, saving becomes a

pleasurable and rewarding exercise.

Just imagine: when your car breaks down, there are funds in your emergency account; that dream holiday won’t plunge you into debt to be settled long after the fun is forgotten; and the thought of retirement does not fill you with absolute dread.

WHAT KIND OF SAVER ARE YOU? Your head is buried solidly in the sand. Somewhere deep inside, you know that if you open your eyes, you will be forced to act. The reality of your finances is too much to take on right now. Tomorrow will take care of itself, right?Solution: You can only im-prove. Take your head out of the sand and take action.

Make an appointment with a financial advisor to have a lifelong savings and invest-ment plan worked out for your unique needs.

You understand the value of saving, although you find it hard to add to it regularly and to keep the money in there when you do deposit it. You spend like a millionaire one day, and have to live like a stu-dent the next, so you never reach the money goals you set for yourself. Solution: Put an end to your erratic ways and set concrete goals; and then get professional advice about how to reach them. This can include devising a money roadmap detailing what you wish to achieve. It’s almost impossible to save without knowing where you want to go in

your personal financial journey.

Saving is a habit and safety is your priority, be-cause living on the edge is just not your cup of tea. Solution: Take the trouble to shop around. Are you re-ally getting the best deal and the best interest rates? And how can you invest your money for better returns?

You’re an aggressive saver and doing well. You have a good measure of security and confidence and have seen how saving works for you. Solution: You don’t really need one, but you might have forgotten that life is there to be lived. Aggres-sive saving is good, but do you really want to look back one day realising you missed out on loads of fun?

You are inventive, crea-

tive, curious and easily dis-tracted. You are constantly looking at new ways to make your money grow. Be careful: You’ve done too much shopping around to find the best deal. You chop and change between investments, because you fear you might not reap the full benefit of the savings vehicles available. But, making changes too soon and too often - and without the advice of a financial ad-visor - can cost you dearly.

Whichever kind of saver you are, keep at it! Remember that saving is not about how much you earn, but about discipline and having a purpose.

Helen Ueckermann presents Rand en Sent on RSG on Sunday afternoons at 15:30 and is national chair of the Southern African Freelancers’ Association.

FINANCIAL

WHAT KIND OF SAVER ARE YOU?

Cancer: Misconception vs Reality

Here’s your chance to make a difference and offer support with no inconvenience at all.

“Some of us want a new house, a new car, a new cell phone, or to lose weight. Someone battling with cancer wants just one thing – to win the battle.”

This post has been making the rounds on the Internet and Facebook, but has yet to reach “trending” status. Help it get there and “fave” it in honour of someone fighting the disease right now, or who has lost their battle with cancer.

APPRECIATING YOUR HEALTH – FOR REAL

Cancer knows no colour, race, age, gender, creed or eco-nomic status.

Investing in the prevention and early detection of cancer is cheaper than dealing with the consequences.

When you or someone you know has cancer - for most people, a diagnosis of cancer is a life-changing event commonly evoking feelings of shock, fear, anger, sadness, loneliness and anxiety. Talking about cancer to partners, family members, friends and colleagues can help to allevi-ate these feelings

Talking about cancer can also help to challenge negative beliefs, attitudes and behaviours that perpetuate myths, cause fear and stigma, and prevent people from seeking early detection and treatment, as well as declining vaccination.

Men’s HealthMisconception: Getting kicked in the testicles gives you testicular cancer.Reality: It will be painful but does not cause cancer. Any lump (new and abnormal) should be reported urgently to the doctor. Testicular cancer is most common in young men aged between 15 and 39. Risk factors• Babies born with undescended testicles Congenital

(born with) abnormalities of the testicle, penis, kidney and inguinal hernias (hernia in groin area)

• A family history of testicular cancer• Using marijuana (dagga or cannabis) or steroids

Misconception: Only women get breast cancer.Reality: Men also get breast cancer. It’s estimated that for every 1 500 men who are diagnosed with breast cancer about 500 will die from the disease. Male breast cancer is uncommon, yet still happens.

Misconception: A high Prostate Specific Antigen (PSA) score means you have prostate cancer.Reality: Not true. Your PSA could be high due to an en-larged prostate or inflammation in your prostate. The PSA score helps the doctor decide if you need more tests to check for prostate cancer. The doctor is interested in your PSA score over time to see if it increases which could be a sign of a problem. If it decreases after cancer treatment, it’s a good sign.

Misconception: All prostate cancers must be treated.Reality: You and your doctor may decide not to treat your prostate cancer. Possible reasons: Your cancer is at an early stage and is growing very slowly. You are elderly or have other illnesses. Treatment for prostate cancer may then not prolong your life and may even complicate care for other health problems. In such cases the doctor will likely suggest ‘active surveillance’ i.e regular check-ups and tests to ensure your cancer does not worsen. If the situation changes the doctor may start treatment.

WOMEN’S HEALTHMisconception: If diagnosed with cervical cancer, death is a reality.Reality: Survival after cervical cancer diagnosed and treated in its earliest stage is approximately. 90 to 95%. However, if diagnosed and treated in the fourth stage, survival is only between 10 & 20%.

Misconception: If a Pap smear test is abnormal, it means I must have cancer.Reality: Not necessarily. You will likely need follow-up tests, possibly a test for HPV, internal examination or a cone biopsy to test for cancerous cells. An abnormal PAP test could indicate a precancerous condition that can be

treated. Conversely, a negative PAP test does not always mean a woman is cancer-free – approx.10% of all PAP tests may indicate a false negative result. If Pap test is nor-mal with ongoing bleeding or pain, seek further advice.

Misconception: Most breast lumps are cancerousReality: Roughly 80% of lumps in women’s breasts are caused by benign (non-cancerous) changes, cysts or other conditions. Women should report any changes as early diagnosis leads to more effective treatment. A doctor may recommend a mammogram, ultrasound or biopsy to determine whether a lump is cancerous.

Whilst cancer can be a difficult topic to address, par-ticularly in some cultures and settings, dealing with the disease openly can improve outcomes at an individual, community and policy level.

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Labour Dynamix

The o f fi c ia l mouthp iece o f the t rade un ion UASA March 2014 19

LEGAL

DISCRIMINATIONThe Employment Eq-uity Act No 55 of 1998 (as amended) (“EEA”) states at section 6(1): “No person may unfairly dis-criminate, either directly or indirectly against an employee, in any employ-ment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, eth-nic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion.”

Despite the fact that the EE Act does not define the word “discriminate”” or “discrimination”, the Concise Oxford Diction-ary states that the former means: “to make an unjust distinction in the treat-ment of different catego-ries of people especially on the grounds of race, sex or age.” Grogan states in Em-ployment Rights Juta, 2010, that the word has a more neutral meaning in our law: “The addition of the adjective ‘unfair’ in section 6 (1) implies that some forms of discrimination

may be fair or, at least, that they will not necessarily be regarded as unfair.”

UNFAIR DISCRIMINATIONIn Harksen v Lane Nomine Officio and Others, 1998(1) SA 300 (CC), the Consti-tutional Court has held that “discrimination” denotes the potential to impair the dignity of per-sons as human beings or to affect them adversely in a comparably serious man-ner. The ConCourt thus created the following test consisting in two parts:

Was the person actually treated differently from others?; and

Did the different treatment of the person have the potential to im-pair the fundamental dig-nity of persons as human beings or to affect them adversely in a comparably serious manner?

JANSEN VAN VUUREN V SOUTH AFRICAN AIRWAYS (PTY) LIMITED [2013] 10 BLLR 1004(LC).In this recently-reported case, Jansen van Vuuren (“JvV”) was employed by SAA, a state-owned company, as an airline pilot with the rank and title of Senior Captain. Coinci-dently at or about the date that he celebrated his 60th birthday, SAA was locked in negotiations with the Air Line Pilots Association of South Africa (“ALPA-SA”), his trade union. Amongst other issues, discussions

were being conducted in regard to collective bar-gaining and the retirement age of pilots. JvV was sent home pending a recall to active duty at SAA. Whilst on his “lay-off ”, the em-ployer paid the employee what he believed was his salary due to him, however, SAA had paid him using his accumulated leave pay without his authority or knowledge. On November 11, 2005, ALPA-SA and SAA concluded a collective agreement and JvV was recalled to render active service in December 2005. JvV then took SAA to the Labour Court arguing that the employer had introduced new terms and conditions of employment, for pilots over the age of 60 which were discriminatory and unfairly so to him and fellow pilots of that age.

When JvV was advised to go home pending pos-sible recall, he was advised that he would be employed until the age of 63 but nothing was reduced to writing. The collective agreement concluded be-tween ALPA-SA and SAA effectively reduced JvV’s salary: pilots older than 60 earned a lower salary and were denied certain privi-leges: the effect of this was that pilots over the age of 60 were treated as subordi-nates to those whom they had previously supervised. The two different sets of terms and conditions of employment were based

solely on age.Acting Judge Yunus

Shaik considered the afore-mentioned against the Constitution of the Repub-lic of South Africa Act No. 106 of 1996 (as amended) and the EEA, both of which categorise unfair discrimination as unlaw-ful. SAA argued that when JvV’s retirement came into effect, his employment contract was novated. “No-vation” takes place when an existing obligation or contract is replaced by a new one and the terms and conditions of the existing contract fall away. Judge Shaik found that SAA did not novate JvV’s contract but sent him home whilst SAA was renegotiating with ALPA-SA.

UNDISPUTED EVIDENCEThe evidence that SAA differentiated in respect of salaries between employees was uncon-tested, totally misplaced the state-owned company since it did not appear to regard itself bound by it and unilaterally terminated it. What was of great importance was that Judge Shaik held that there was no need for the use of a comparator or benchmark because the claim was not about equal pay for equal work.

RULINGAlthough the good judge considered certain mitiga-tory factors i.e. that the

collective agreement was subsequently cancelled and thus terminated the discrimination, he stated that this failed to detract from the fact that the employee had suffered discrimination and SAA derived a benefit at the expense of the employee.

Judge Shaik also held that although SAA argued that the accumulated leave pay that was paid to JvV as a salary was not an unfair labour practice to do with benefits (leave itself), the leave was a benefit and the relevant amount had to be paid back to him by the employer.

SAA furthermore alleged that the remunera-tion and conditions were as a result of collective bargaining and that JvV and the Court should not undermine the outcome of collective bargain-ing. Acting Judge Shaik considered the fact that in terms of section 11 of the EEA, where an employee proves that discrimination is in existence on the facts, a rebuttable resumption that such discrimination is

unfair, unless justified by SAA. The learned Judge held that a collective agreement is subject to the Constitution of the RSA and the EEA and cannot be relied upon to jus-tify discrimination. Judge Shaik further found that public policy had to be determined with reference to our Constitution and terms that violated the lat-ter were in law contrary to public policy and accord-ingly unenforceable. SAA subsequently terminated the collective agreement in 2007. To heap coals on the head of SAA’s case, the learned judge found that the employer’s reliance was equivalent to the number of days annual leave that had been deducted from his annual leave entitlement.

The Labour Court made a cogent and well-thought-through decision in this matter based on the facts and, of course, the ease will elicit a lively debate in all respects.

By Janek WilimiecLegal Officer

“OVER THE HILL…?” OR IS IT UNFAIR DISCRIMINATION?

IT’S LEGAL

WARREN BUFFETT QUOTESIt takes 20 years to

build a reputation and five minutes to ruin it. If you think about that, you’ll do

things differently.

Rule No.1: Never lose

money. Rule No.2:

Never forget ru

le No.1.

Risk comes from not knowing what

you’re doing.

Price is what you pay. Value is what you get.

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Labour Dynamix

20 March 2014 The o f fi c ia l mouthp iece o f the t rade un ion UASA

SPORT

U A S A S E R V I C E C E N T R E S

Eastern Cape – Port Elizabeth 2nd Floor, First Bowring House, Fairview Office Park, 66 Ring Rd, 041 363 4925/7 041 363 4932 [email protected] Greenacres

Free State – Bloemfontein 101A Boudustria Building, Zastron St 051 447 9707 051 447 9706 [email protected] – Welkom MBA Forum Building, 44 Bok St 057 352 4066 057 353 4385 [email protected] – Carletonville 70 Annan Rd 018 787 3224 018 787 3225 [email protected] – East Rand and Johannesburg Office No 3, 1st Floor, Voltex House, 3 River Road, Morninghill,

Bedfordview 011 616 0884/7 011 616 0879 [email protected] – Florida (Head Office) UASA Office Park, 42 Goldman St 011 472 3600 011 674 4057 [email protected] – OR Tambo Intl Airport Airways Park, Room 1, Block E, 1 Jones Rd 011 978 3341 011 978 6858 [email protected] – Pretoria Suite 7, 3rd Floor, Burnetta Building, Cnr Burnette and 012 362 1196/4811 012 362 6186 [email protected]

Grosvenor Streets, Hatfield – Randfontein 36 Homestead Avenue 011 412 2417 011 412 2443 [email protected] – Vanderbijlpark 204 Westinghouse Boulevard, Vanderbijlpark 016 981 5905 016 981 5905 [email protected] – Durban 70 Cato Rd, Glenwood 031 201 7299 031 201 9799 [email protected] – Richards Bay 118 Dollar Drive 035 789 7882 035 789 7883 [email protected] – Mokopane (formerly Potgietersrus) 21 Hooge St 076 195 4163 015 491 8555 [email protected] – Lepelale Madupi Site 015 303 2074 086 592 1336 [email protected] – Thabazimbi Catharina Building, Property 2 on erf 375, Cnr Judith and 014 772 3412/3457 014 772 2070 [email protected]

Van der Bijl Street, Thabazimbi Ext 3Mpumalanga – Delmas / Kusile Power Station 11 Dolomiet Street, Delmas 013 665 5942 013 665 2769 [email protected] – Witbank 11 Beatty Ave 013 656 4751 013 690 3070 [email protected] West – Klerksdorp Ou Dorp Apteek Complex, Joe Slovo Rd 018 462 9611 018 462 8732 [email protected] – Rustenburg Kloofzicht Centre, Koorsboom St, Protea Park 014 533 4740 014 533 4742 [email protected] Cape – Cape Town 5 Middel Street, Bellville 021 946 1664/5/7 021 949 0908 [email protected] – Ceres Ceres Welsynsentrum, Lyell St 023 312 1884 023 312 1863 [email protected]

S E C T O R C O N T A C T D E T A I L S

Aerospace, aviation, IT industry and Nuclear Regulator Willie van Eeden 011 616 0884/7 011 616 0879 [email protected] and general sectors Beyers Claassen 021 946 1664 021 949 0908 [email protected] Jannem Goussard 011 616 0884/7 011 616 0879 [email protected] and jewellery industry Moses Moloi 011 616 0884/7 011 616 0879 [email protected] on duty (IOD) matters and compensatable diseases George Manganyi 011 472 3600 086 504 0969 [email protected] and Specialist Services Adv Hennie Strydom 011 472 3600 011 674 4057 [email protected] & Engineering industries (inland areas) Pierre Bezuidenhout 011 472 8644 011 674 4057 [email protected] & Engineering industries (coastal areas) Brian Muir 011 472 3600 011 674 4057 [email protected] resources (coal and base metals) Charles de Carvalho 013 656 3847 013 656 3847 [email protected] resources (gold) Frik van Straten 011 472 3600 011 674 4057 [email protected] resources (platinum) Alwyn van Heerden 014 533 4740 086 565 7721 [email protected] manufacturing, retail and other industries Avril Kotze 031 201 7299 031 201 9799 [email protected] Care (beauticians, cosmetologists and hairdressers) Stephen Delport 012 362 1196 012 362 6186 [email protected], cleaning and retail William Seya 011 616 0884/7 011 616 0879 [email protected] Cape (all sectors) Johan Steyn 021 946 1664/5 021 949 0908 [email protected], wood and paper industries Avril Kotze 031 201 7299 031 201 9799 [email protected], funeral & related services sector and general sectors Gerhard Ueckermann 011 472 3600 011 674 4057 [email protected], communications, chemical, health, sport & recreation, media & entertainment Chris Smith 011 472 3600 011 674 4057 [email protected] and catering industries

REGION ADDRESS TEL NO FAX NO E-MAIL

SECTOR MANAGER TEL NO FAX NO E-MAILCREDITS

Labour Dynamix’s mission is to create an opportunity for members of the trade union UASA to share experiences, thereby fostering a spirit of unison consistent with the Constitution of the union. Furthermore, it aims to analyse and debate issues that confront workers on a daily basis and to provide general information so that they can deal with complex day-to-day challenges in the workplace and society at large.

Published by the Trade Union UASA

Editorial: The CEO of UASA assisted by an editorial team

Design, art direction, layout and reproduction by Dono van Heerden and Dylan Seegers

Printing: CTP Web printers

Copyright: All rights reserved. No part of this publication may be reproduced in any form or by any means without permission in writing from the Trade Union UASA.

National advertising:Dono van [email protected] 492 6421

Administration:UASA Office Park42 Goldman Street, Florida 1709Republic of South AfricaTel. 011 472 3600Fax. 011 674 4057E-mail: [email protected]

The views expressed by contributors are not neccessarily those of the editorial team and/or the trade union UASA.

SOLUTIONS - N0.24

CROSSWORD PUZZLE – FROM PAGE 18Across: 1 Mishap, 5 Muscle, 10 Soldier, 11 Strange, 12 Excite, 15 Genius, 16 Savoury, 17 Ta-ta, 18 Eggs, 19 Ancient, 20 Aide, 22 Opus, 25 Ashamed, 27 Report, 28 Robber, 31 Violent, 32 Hobbies, 33 Banter, 34 Crèche

Down: Illicit, 3 Hoists, 4 Pure, 5 Mast, 6 Survey, 7 Landing, 8 Assert, 9 Versus, 13 Earnest, 14 Holiday, 15 Grinder, 20 Arrive, 21 Diploma, 23 Publish, 24 Stress, 25 Arrest, 26 Double, 29 Stir, 30 Chic

SUDOKU PUZZLE – FROM PAGE 18

Member Johnny White and friends, fishing off the boat Aviva, caught an impressive five marlin during their December holidays at Sodwana, south of the Mozambican border.

Four of the five mas-sive fish were tagged and released after the fishermen recorded their weight and length. One od them – a black marlin – was a monster, weigh-ing in at around 200kgs. That is a serious amount of fish, no doubt. The marlin in the photograph with Tau Lekoa mine captain Dirk Els, came in at around 100kgs and was kept for the pot.

Dirk is the proud owner of the Aviva,

which is powered by two solid Yamaha engines (90 horsepower). The fisher-men used Shimano rods to land the marlin.

The reason why Aviva and its crew hit it lucky with marlin is thanks to strong, favourable currents coming down from the Mozambique Channel.

From 1 – 10 March, Johnny and Dirk will be competing in the Mine Men Fishing Competi-tion, held at Sodwana. They’ll be chasing the big guns of the ocean like tuna, Dorado, wahoo, sail fish and of course marlin with the hope of landing some of the sought-after prizes and, with that, come away with enviable pictures of their catch.

Marlin run at Sodwana

Skipper Dirk Els shows off his 100kg catch.