DIRECTORATE: LABOUR RELATIONS

LABOUR RELATIONS FORUM: 3rd Quarter 2005

Time Arrangements

12:45 – 13:00 13:00 – 14:30 14:30 – 14:45 14:45 – 16:00 Registration First half of presentation (INFORMATION SESSION) COMFORT BREAK Second half of presentation (DISCUSSION SESSION)

Programme

1. Opening and welcome 2. Standing items Feedback from:

 

Directorate: Labour Relations Public Service Co-ordinating Bargaining Council

 

Education Labour Relations Council Provincial Education Labour Relations Council 3. New items



Know your rights workshop for post level 1 educators 4. General



Tribute to our women in the workplace 5. Next meeting and closure

Feedback : Directorate Labour Relations



Statistics on :

 Grievances and Disputes  Misconduct 

Arbitration Awards

 Disputes  Misconduct

37 75

GRIEVANCES & DISPUTES June 2005

Total = 294 18 12 17 22 68 45 WESTCOAST CENTRAL NORTH EAST SOUTH S/CAPE OVERBERG H/O

Comparison of last Quarter (Grievances and Disputes)

March 05 : 271 June 05 : 294

80 70 71 60 50 48 52 40 30 34 29 20 20 10 0 12 Mar-05 4 Apr-05 May-05 15 22 45 68 75 37 Jun-05 18 12 W/W Central North East South S/Cape Overberg H/o

TYPE O F MISCONDUC T Sexual assault of learne r Sexual harassment Assault with intention to cause grie vous bodily harm Assault Corporal Punishment Theft, bribery or fraud Financial mismanagement Unlawful possession of firearm Wrongly possession of state property Falsification of re cords Misuse of state prope rty Fails to comply or contravenes any Act, Re gulation or legal obligation Unjustifiably pre judices the administration of the de partment Under the influence of intoxicating substance Improper conduct NO RTH CS PS 3 1 9 4 1 4 4 1 EAST CS PS SOUTH CS PS 1 5 3 2 2 3 2 1 1 5 2 7 4 1 1 4 4 2 1 1 C ENTRAL CS PS 2 W EST COAST / W INELANDS CS PS 1 OVERBERG CS PS 1 2 1 4 1 1 1 2 1 2 3 1 1 9 2 1 7 1 2 1 1 1 Dishonesty Absenteeism Failing to carry out a lawful orde r SYSPENSION TO TAL 2 1 1 26 2 7 1 2 1 19 1 4 7 2 2 37 1 2 11 1 1 12 2 4 1 10 2 4 1 21 3 9 SOUTH CAPE / KAROO CS PS 1 1 H / O CS PS 1 1 1 2 7 0 0 1 1 TO TAL CS PS 9 2 1 33 6 17 14 2 12 6 1 2 22 1 15 4 5 132 2 1 1 40 1 3 1 11

7 48 30

MISCONDUCT : JUNE 2005

1 14

Total 172

16 23 33 WESTCOAST CENTRAL NORTH EAST SOUTH S/CAPE OVERBERG H/O

Comparison of last Quarter(Misconduct) March 05 : 250 June 05 : 172

70 60 50 40 62 53 47 30 20 24 21 10 0 28 8 7 Mar-05 Apr-05 48 May-05 33 30 16 14 23 7 Jun-05 1 W/W Central North East South S/Cape Overberg H/o Total

Arbitration awards



Test the waters.

Feedback on the PSCBC



Feedback on Employer Initiative Package (EIP) on the cards



Feedback on the Public Service Medical Scheme (GEMS)



Membership statistics of the PSCBC

TRADE UNIO N DENOS A

SAM A

TOTAL HOS PERS A

NATU NUPSAW

TOTAL NAPTOS A

APEK ITUSA NUE OFSATA PEU SAOU SAUVSE USAPE

TOTAL NEHAWU

PAWUSA

TOTAL POPCRU

SASAWU SADNU

TOTAL PS A

UNIPSA NPSWU

TOTAL S ADTU

CTPA

TOTAL S APU TOTAL GRAND TOTAL PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL MEMBERSHIP STATISTICS (PERIOD 20 APRIL 2005 TO 29 JUNE 2005) PHW S EC TO R

67,871 4,806

72,677

36,391 10,203

46,594 MEMBERS HIP C LAUS E 10 GP SS EDUC ATION S EC TO R S EC TO R S EC TO R 0

6,024 1 13,958

19,983 0

82

82 0

5,518 28,952 4,771

39,241 TO TAL

67,871 4,806

72,677

48,015 28,953 28,932

105,900 VO TE W EIGHT C LAUS E 11 REPS C LAUS E 12 7.283% 10.612% 4 5 0

73,171 7,633

80,804

3,121 8,983

12,104

31,581 9,512

41,093 0 0 253,272

1,244

1,244

79,814 11,376

91,190

22,613 9,486

32,099

110,618 3,589 1,164

115,371 0 0 259,887 0 0

55,134

55,134

11,082

11,082 0

65,657

65,657 131,955

5,249 3,484 14,928 4,590 19,728 21,714 5,271 8,559

83,523

205

205 0

10,971

10,971

212,090 6,742

218,832 0 352,772

5,249 3,484 14,928 4,590 19,728 21,714 6,515 8,559

84,767

152,985 19,214

172,199

77,747 12,607 8,983

99,337

164,252 3,589 10,676

178,517

212,090 6,742

218,832

65,657

65,657 997,886 8.495% 17.256% 9.955% 17.890% 21.930% 100.00% 5 5 5 5 5 38

250,000 200,000 150,000 100,000 50,000 0

PSCBC STATS

Denosa&Sama Hosp./Natu/Nups Naptosa Nehawu& Pawus Popcru& others Psa and others Sadtu & Ctpa Sapu

Feedback on the Education Labour Relations Council (ELRC)



New resolutions: 2005

–

4 Resolutions have been signed thus far

–

Vote weights

–

Backlog in salaries

–

IMQS for school based education Therapists and Psychologists

–

IMQS System for Public FET College Based Educators

•

NB New salary scales attached wef 1July 2005

CURRENT ISSUES (ELRC)

   

MATTERS CURRENTLY UP FOR NEGOTIATION

:  

IQMS (1% Increment) Grading norms for institutions ABET educators (Conditions of Services) FTSS Incentives Rewards

Feedback on PELRC Meeting 23/5/05



Skills Development



National Teaching Awards



Safer Schools



NPDE



HIV in the workplace



Employment Equity



Transformation

Skills Development

• • • • The proposed division of the budget allocation for skills development has not been finalised yet Dispute regarding the allocations Meeting scheduled for 28 July 2005 Watch the space

National Teaching Awards

   An advert was placed in the newspaper, as well as using radio stations to inform school communities of the NTA Adjudication Process 2005 • • Training for the adjudication panels has taken place on 26 May 2005 A training session for the South Cape / Karoo Cluster was held separately.

Nomination Forms / Dates • Information guides were sent to schools and the nomination forms were posted on the HRD website

Safety at Schools

 The Procedural Manual which was launched on 18 February 2004 offers information regarding Safe Schools Policy and practical advice to school management, School Governing Bodies, School Safety Committees as well as the Education Management and Development Centers

Safety at Schools (cont.)

  The Division Safe Schools has a three pronged approach which calls for the implementation of crime control, crime prevention and systems strategies The three pronged strategy is: • • • Environmental programs (crime control) Behavioral / Attitudinal programs (crime prevention) Systems programs

Safety at Schools (cont.)

   A Provincial

indaba

to discuss safety at schools is still in the planning stage for 2005 where all relevant stakeholders will be on board, including provincial departments of Community and Safety and Works A questionnaire was sent to 20 schools per EMDC to ascertain the effectiveness/barriers of the manual No stats available yet

NPDE

   The WCED experienced minor problems with the administration of the program by the service providers Service providers were requested to put a process in place to ensure that students do not receive statements for payment, raising unnecessary enquiry's from the students.

The WCED was invited to make a presentation on the WCED’s expectation on the delivering of the programs and service

NPDE (cont.)

 The workshop took place on 2 March 2005 and gave the WCED and service providers the opportunity to be mindful of the challenges and service required

HIV & AIDS in the workplace

  This policy and “Policy in a Nutshell” was distributed to all institutions at the end of February 2005 Peer Educator Training took place and the names of educators being trained as Peer Educators were forwarded to the HIV Life Skills Program.

HIV & AIDS In the workplace (cont.)

  The WCED hosted a VCT campaign for all EMDC’s except the South Cape/Karoo, as a service provider had to be awarded by the Department of Health As soon as the service provider is appointed, VCT will be provided in certain identified towns

EMPLOYMENT EQUITY

   The Chief Directorate: Human Resource Management discussed the Implementation Directive and identified practical issues The concerns related to the practical issues, ie monitoring procedures, support from the EMDCs and training to SMTs and SGBs to which solutions must be provided The directive is currently with the MEC for approval

TRANSFORMATION AND RESTRUCTURING: SUMMARY PER EMDC

EMDC

CENTRAL SOUTH NORTH EAST SOUTH CAPE KAROO BREEDE RIVIER / OVERBERG WEST COAST WINELANDS LSEN COLLEGES

TOTAL EXCESS EDUCATORS JAN 2005 EXCESS EDUCATOR IDENTIFIED NO. OF EXCESS EDUC. NOT IDENTIFIED

15 44 34 39 32 34 7 21 27 12 12 18 6 16 0 22 8 11

NO. OF GRIEVANCE

1 2 1 None 1 None

EDUCATOR MATCHED / REDEP LOYED / OTHER

2 7 7 5 12 5

REMAINED EXCESS EDUCATORS VACANT POSTS

13 37 26 34 20 29 16 36 14 10 17 18 34 17

249

22 16

135

8 0

71

None None

5

4 1

43

30 16

205

17 0

128

KNOW YOUR RIGHTS AND RESPONSIBILITIES

 Completed 3 EMDCs thus far  Received positive responses  Great need for labour relations training  Request educators who attended the workshop to share info with colleagues  Confident that the workshop will bring harmony at institutions

KNOW YOUR RIGHTS AND RESPONSIBILITIES (Cont.)

 Topics that were discussed at the workshop  Legislation  Grievances  Disputes  Misconduct  Bargaining councils  Organisational rights  The entire workshop with slides is available on our website

Legislation

CONSTITUTION (ACT 108 OF 1996) LABOUR RELATIONS ACT (LRA) (ACT 66 OF 1995) BASI C CONDITIONS OF EMPLOYM ENT ACT (ACT 75 OF 1997) S K I I L L S D E V E L O P M E N T A C T ( ( A C T 9 7 O F 1 9 9 8 ) ) E M P L O Y M E N T O F E D U C A T O R S A C T ( ( A C T 7 6 O F 1 9 9 8 ) ) EMPLOYM ENT EQUITY ACT (ACT 55 OF 1998 ) SOUTH AFRICAN SCHOOLS ACT (SAS A) (ACT 84 OF 1996 ) REGULATI ONS / PERSONNEL ADMI NISTRATION MEASURES (PAM ) PSCBC AND ELRC RESOLUTIONS

Grievances and Disputes

ORAL INTERVIEW

- Between the grievant & the Head of Institution/Supervisor

GRIEVANCE

Chapter H of the EEA/76/1998

FORMAL GRIEVANCE

- Grievant lodges with the Head/Supervisor within 90 days in writing

UNRESOLVED :

The grievant will inform the EMDC in writing within 10 days

RESOLVED:

The Head will communicate the outcome to the Provincial Dept The EMDC Head will attempt to resolve the grievance Should the grievant still remain dissatisfied he/she can register the dispute with the Council

DISPUTES

2. Grievant still dissatisfied with the outcome

DISPUTE OF RIGHT

1. Unfair Labour Practice,2.Dismissals 3. Discrimination/Equity

DISPUTE OF INTEREST

1. Service Benefits Disputes, 2.Wage Disputes,3.Working Hours/Leave etc COUNCIL

:

1.Unfair Labour Practice, 2.Dismissals

CCMA:

1.Discrimination 2.Equity

REFERRAL TO THE CCMA FOR CONCILIATION & ARBITRATION ARBITRATION

-With the consent of both parties

CONCILIATION & -ARBITRATION LABOUR COURT INDUSTRIAL ACTION

Misconduct

   

Progressive discipline Disciplinary meetings and hearings Sanctions Appeals

Bargaining Councils

PSCBC

Public Ser vice Coordi nating Bargaini ng Council

ELRC

Education Labour Rel ations Council

PELRC

Provi ncial Education Labour Rel ations Council

SSSBC

Safety & Security Sectoral Bargaini ng Council The role of t he 2 Councils is to deal only with issues affecting the Education Sector

PHWSBC

Public Health & Wel fare Sectoral Bargaini ng Council

GPSSBC

General Publ ic Service S ectoral Bargaini ng Council

Government Departments:

Public Ser vice & Administrati on; Culture, Science & Technology;Envi ronmental Affairs and Tourism; Correctional Servic es; Hom e A ffairs;Land A ffai rs;Housing;Justice; Labour; Transport;Agriculture;Public Works;Education; Trade & Industry etc

CCPWCP

Coordi nating Chamber Of the Publ ic Service of the W estern Cape Pro vince

(Deals with trans verse issues within the Province)

Organisational Rights

     

Right to belong to a union Right to access Right to stop-order facilities Leave for trade union activities Disclosure of information Right to strike



WHETHER Protected or Unprotected Strike the principle of no work no pay will always apply

TRAINING WORKSHOP (CONT.) 

DATES (REMINDER)

• Various EMDCs 

PLEASE ADVISE YOUR EDUCATORS ACCORDINGLY:

IT MAY BENEFIT YOU IN THE FUTURE

General



Tribute to our women in the workplace



We salute all our women and commemorate Women’s Day with them on 9 August 2005



Labour of Love (Document)

Presenters

Fritz Brand : (021) 467 -2399



Fax : (021) 425 -8612



E-Mail : [email protected]

Roy Jansen



Fax



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