Transcript WESTERN CAPE EUCATIONDEPARTMENT

WESTERN CAPE
EDUCATION DEPARTMENT
DIRECTORATE: LABOUR
RELATIONS
PROGRAMME
12:30 – 13:00
Registration and tea
13:00 – 13:15
Welcome and Introduction
13:15 – 13:35
Amendments to the LRA
13:35 – 13:55
Amendments to Education
Laws
13:55 – 14:15
Amendments to the BCEA
14:15 – 14:30
Comfort break
14:30 – 15:00
Time off
15:00 – 15:30
Filling of posts
15:30 – 16:00
Resolutions signed in
2002/3
16:00 – 16:05
Evaluation
DOMESTIC ISSUES





STARTING AND FINISHING TIMES
EACH DELEGATE - FILE
CELLULAR PHONES - OFF
NO SMOKING
ASK AS MANY GENERAL QUESTIONS
AS POSSIBLE WITHIN THE
TIMEFRAMES
TRAINING OBJECTIVES
DELEGATES TO BE :
 FAMILIARISED WITH AND UNDERSTAND
THE LATEST AMENDMENTS TO
APPLICABLE LABOUR LEGISLATION
WITHIN EDUCATION
 FAMILIARISED WITH AND UNDERSTAND
THE APPLICATION OF RESOLUTIONS
SIGNED IN 2002/2003
AMENDMENTS TO THE
LRA
THE AMENDMENTS SEEK TO
ADDRESS VARIOUS INEFFICIENCIES
OF THE LRA AND TO IMPROVE
SPESIFIC AREAS OF THE ACT
ONLY THE AMMENDMENTS
APPLICABLE TO EDUCATORS WILL
BE HIGHLIGHTED
AMENDMENTS TO THE
LRA
THE 2002 AMENDMENTS INTER ALIA
PROVIDES FOR THE FOLLOWING:
 THE RIGHT TO STRIKE ON RETRECHMENTS AND
FACILITATION OF DISPUTES AROUND
RETRECHMENTS
 INCREASED POWERS TO BARGAINING COUNCILS
AND ITS OFFICIALS
 BETTER PROTECTION TO VULNERABLE
WORKERS
 ONE STOP CONCILIATION AND ARBITRATION
PROCESSES
 ONE STOP FINAL AND BINDING DISCIPLINARY
ENQUIRIES( PRE-DISMISSAL ARBITRATION)
LRA ( CONT)

UNFAIR DISMISSALS AND UNFAIR
LABOUR PRACTICES (CHAPTER 8 OF LRA)
(Page 26)
- Schedule 7 has been incorporated into the act
(Section 186.2.a – d) (Page 28)
- Pre-dismissal arbitration (new Section 188.a)
(Page 28)
* Pre-dismissal arbitration in cases of misconduct or incapacity,
by agreement between the parties, paid for by the employer
- Dismissal on Operational requirements
(Section 189) (Page 30)
- Unfair dismissal disputes and ULP’s
(Section 191) (Page 38)
- Limits on compensation (Section 194) (Page 40)
LRA ( CONT)
 DEFINITION OF EMPLOYEE
(Section 213 DEFINITION)
(a) any person excluding an independent contractor,
who works for another person or for the State and who
receives, or is entitle to receive, any remuneration: and
(b) any person who is in any manner assist in carrying
on or conducting the business of an employer
(Section 200.a) (PAGE 46)
* A person who works or renders a service to any other
person is presumed, until the contrary is proven, to be
an employee, regardless of the form of contract of
employment, if specified factors are present
LRA (CONT)
 PROBATIONARY APPOINTMENTS
(New Section 8 of Schedule 8) (PAGE 54)
* Proof of substantive fairness for performance-related
dismissals during probation will be less difficult for
employers
 Enforcement of collective agreements by Bargaining
Councils (Section 33A) (PAGE 6)
A Bargaining council may :

Monitor

And enforce compliance with its collective agreements

May authorise a designated agent to issue an compliance order

Unresolved Disputes may be referred to arbitration
LRA ( CONT.)
 Arbitration awards will be deemed to be
orders of the Labour Court excluding payment
of an amount of money (Section 143) ( PAGE 24)
EDUCATION LAWS
AMENDMENT ACT, 2002
 The following acts were amended





SASA - South African Schools Act
EEA - Employment of Educators Act
FETA - Further Education and Training Act
ABETA - Adult Basic Education and Training Act
GFETQAA - General and Further Education and
Training Qualification Authority Act
 We will only highlight the significant amendments
to SASA and the EEA regarding educators
SOUTH AFRICAN SCHOOLS
ACT

SECTION 5(4) (Page 4)



SECTION 8 (Page 4)



A LEARNER MUST BE ACCOMPANIED BY HIS/HER PARENT OR
PERSON DESIGNATED BY THE PARENT
APPOINTMENT OF AN INTERMEDIARY AT DISCIPLINARY HEARINGS
SECTION 10(A) (Page 6)


ADMISSION AGE OF LEARNERS
WITH EFFECT AS FROM 1 JANUARY 2004
PROHIBITATION OF INITIATION PRACTICES
SECTION 18 (Page 8)

CODE OF CONDUCT OF GOVERNING BODIES
EMPLOYMENT OF
EDUCATORS ACT
 SECTION 6(A) (Page 10)

APPOINTMENT OF NEW EMPLOYEES OR APPLICANTS
WITH A BREAK IN SERVICE WITHOUT THE
RECOMMENDATION OF THE SGB
 ITEM 7 OF SCHEDULE 2 (Page 12)



DISCIPLINARY HEARINGS CAN BE RECORDED
ELECTONICALLY
TRANSCRIPT TO BE MADE AVAILABLE ON REQUEST
PAYMENT IS THE RESPONSIBILITY OF THE ACCUSED
 SECTION 10(A) (Page 12)

PRESIDING OFFICER MAY APPOINT AN
INTERMEDIARY TO ASSIST ANY WITNESS UNDER THE
AGE OF 18 YEARS
BASIC CONDITIONS OF EMPLOYMENT
ACT
THE 2002 AMENDMENTS PROVIDES INTER
ALIA FOR THE FOLLOWING:
 Substitute certain definitions
 Regulate the extension of overtime by collective
agreement
 Regulate the payment of contributions to benefit funds
Only the significant amendments applicable to education will be
highlighted
BASIC CONDITIONS OF
EMPLOYMENT ACT
(Continue)
• OVERTIME (Section 10) (Page 4)
•
Three hour daily limit has been deleted and
replaced; basically persons must agree not to
work more than 12 hours on any given day
•
A collective agreement may also be concluded to
extend the 10 hour weekly overtime limit to 15
hours

Resolution 6 of 2002 is applicable to educators
regarding overtime and other basic employment
conditions
BASIC CONDITIONS OF EMPLOYMENT
ACT (Continue)
• PAYMENT OF CONTRIBUTIONS TO BENEFIT
FUNDS (Section 34.a) (Page 4)
•
•
Employers are obligated to pay over deductions from
salaries iro benefit funds within 7 days of the
deduction
The employers deduction to be made within 7 days
of the end of the period for which the contribution is
made
BASIC CONDITIONS OF EMPLOYMENT
ACT (Continue)
• NOTICE PERIODS (Section 37) (Page 6)
up to six months
- 1 weeks notice
six months to one year
- 2 weeks “
one year or more
- 4 weeks “
farm and domestic workers
employed more than six
months
- 4 weeks
TIME-OFF
A COMMON UNDERSTANDING
ON THE INTERPRETATION AND
IMPLEMENTATION OF THE TIME
OFF PROVISIONS
BACKGROUND
 Parties to the PELRC identified a need to
develop a common understanding in respect
of time off provisions as stipulated in the
PAM.
 This could be ascribed to the inconsistent
interpretation and application of the time off
provisions in the PAM.
 After unpacking the legislation, a common
understanding was agreed to by all parties.
INTRODUCTION
 Parties hereby confirm that the following
principles underscore this common
understanding, as concluded in the
ELRC(Western Cape) :
 The acknowledgement of labour rights
entrenched in the SA Constitution, LRA
and ELRC Constitution which seeks to
promote labour peace.
INTRODUCTION(cont.)
 That an educator’s role in the education
process is dynamic and developmental,
and therefore requires the active
participation of educators at school,
provincial and national level.
 That the amount of time off and the
frequency thereof should at all times be
reasonable and fair.
 That arrangements for time off should consider :
 the need for the process of teaching and
learning to be uninterrupted;
 the importance for high productivity levels;
 efficiency and effectiveness in services rendered
to the general public;
 the need for order in the education system; and
 the constitutional rights of the child.
NATURE OF REQUEST
 Chapter G of the PAM makes provision
for time off for the following activities :
Collective Bargaining Purposes
Organisational Duties
Organisational Activities
Time off for Collective
Bargaining Purposes
 Clause 3.1 of Chapter G in the PAM provides
for an entitlement of 1 additional school day for
preparation, per meeting/event.
 i.e. PSCBC, ELRC, PELRC (e.g. Council,
Chamber meetings, task team meetings)
Time off for
Organisational Duties
 Clause 3.2 of Chapter G in the PAM provides
for an entitlement of 12 school days per annum.
 This is for representing members at :
 Disciplinary /dispute hearings and retrenchment or
redundancy proceedings
 Attending labour relations training by the union for elected
representatives
 Attending, participating in and organising workplace or
teacher forums and conferences
Time off for
Organisational Activities
 Clause 3.3 of Chapter G in the PAM provides
for an entitlement of 8 hours per annum.
 i.e. Attending meetings at the workplace(school
or office)
 Meetings arranged by the FTSS at the
workplace or by the union away from the
workplace
 Elections i.e. AGM at branch, regional,
provincial or national level.
 Voting i.r.o. a lawful strike/industrial action
WHO GOES?
 In other words, who is the representative in
order of preference :
 The nature of the activity provides guidance in
respect of the most desired person who should
attend.
 In most instances, it is preferred practice and a
mutual understanding between parties to the
ELRC that the FTSS should be the first option.
WHO GOES?(cont.)
However, there are instances especially in
respect of :


Organisational duties, and
Organisational activities
where provision is made for :
 Elected office bearers/officials
 Members
to attend these proceedings.
TO WHOM?
 Office to which request/notice is sent :
Principal
Line Manager
Supervisor
However, in the case of FTSS : n/a
BY WHOM?
 Who requests time off or notifies?
 the union via the member who informs
the principal/line manager/supervisor
 Duly elected employee representative
 FTSS
DOCUMENTATION
 What to submit or is required when
requesting or notifying?
 The notice of the
meeting/training/forum/conference; and
 The unions written request.
NOTIFICATION PERIOD
 Refers to the agreed upon period for
request or notice.
 This varies in respect of the nature of
request.
 Could be attributed to arrangements to
be made in terms of submissions i.e. in
order to obtain the necessary approval
i.r.o. various activities.
APPLICABLE POLICY
 The purpose is to ensure that
departmental policy/procedure/protocol
is adhered to.
 These are measures that could be utilised
to verify whether the limitation in respect
of the respective activities are adhered to.
 Thus serves as a monitoring mechanism.
FILLING OF POSTS
 STATEMENT
 NATIONAL STATISTICS 2002/03

DISPUTES (Total)
• 1 117 referred to the Council
• 788 successfully dealt with through
conciliation or arbitration
• 162 cases are still being processed
• The remaining cases were withdrawn
NATIONAL DISPUTES
STATISTICS 2002/03
 January 2002 - March 2003 = 1 117
4
3 2
6
6
41
7
9
21
KwaZulu-Natal
Eastern Cape
Limpopo
Gauteng
Western Cape
Free State
North West
Mpumalanga
Northen Cape
VERIFICATION
PROCESS





COURT CASE
90 DAYS FOR GRIEVANCES
FILLING OF POSTS ASAP
MECHANISM TO PREVENT DISPUTES
VERIFY PROCESS TO SATISFY DEPT
TO FILL POSTS ASAP
 APPROVAL OF SG
RESOLUTION 5/98
DEPARTMENTAL VERIFICATION
DOCUMENT
Institution
: For Official use
………………………………………
File
….
…………………………………
Vacancy
List
No.
…………………………………
: …..
Ref.
………………………………………
….
………
Date
No.
………………………………………
…..
:
No.
:
: …………………………………
Rank
Post
No.
:
: ………../…………../………….
.
ANALYSIS / VERIFICATION
1. Advertisement

Was the advertisement clear?

Did the advertisement meet the curricular
Yes
No
Yes
No
needs of the institutions?

Was the advertisement accessible?
2. Minutes of the SGB and/or Interview
Committee meetings

Was the SGB properly constituted at the
time
of
establishing
the
interview
committee?

Was there a recusal of members on the
SGB?

Was an Interview Committee established
by the SGB?

Was there a quorum at the SGB meeting?

Were there co-opted members on the
interview committee?

Did these co-opted members on the
interview committee have voting rights?
Yes
3. Short-listing

Were the unions invited to the shortlisting/criteria setting meeting?

Was the department/EMDC invited?

Is
there
proof
of
these
invitations
i.e.facsimile transmission slips?

Did these invitations comply with the 5-day
notification period?

Was
a
departmental
representative
present?

What role did the principal play in the
process?
No
4. Criteria Setting

Did the core criteria correspond with the
requirements as per advertisement?

Were additional criteria used?

Were the unions consulted regarding the
additional criteria?

Were reasons recorded for eliminating other
candidates?

Were all documentation of candidates perused
for short-listing purposes?
Yes
No
5.
Yes
Interviews

What method of evaluation was decided
on?

Did
the
interview
committee
elect
a
chairperson and secretary?

Were the same questions asked to all the
candidates by the panel?

Are the score sheets included?

Were
the
questions
related
to
the
requirements for the post?

Were the questions fair and reasonable?

Was a preference list compiled?

Did
a
motivation
accompany
each
candidate’s ranking?

Was this preference list referred to the
SGB for its final recommendation?

Was the SGB a quorum when ratifying the
recommendation?

Are the minutes sufficient to enable the
WCED to make an appointment?
No
Explanation
6.
Yes
No
Yes
No
Yes
No
Letter of nomination

Is the letter of nomination to successful
candidate included?

Is a letter of acceptance by candidate
included?
7.
Departmental Forms

Were all departmental forms as per
requirement completed?
8.
Documentation

Were all the documentation together with
the SGB verification form forwarded to the
WCED?
9.
SACE

Yes
No
Yes
No
Is the successful candidate registered
with SACE?
10. Disputes

Are there any disputes registered on
this post?
General Comments :
……………………………………………………………………………….
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
It can hereby satisfactorily be concluded that the procedure followed was fair and free of
defects / not free of defects in respect of the above post.
Name : ……………………………………….
Rank : ……………………………………
Supervisor : …………………………………
Date : ……………………………………
ELRC RESOLUTIONS OF 2002
1. VOTE WEIGHTS FOR TRADE UNIONS TO THE ELRC
National
Provincial
- NAPTOSA
- 27.57%
- 34.76%
- SADTU
- 60.90%
- 51.74%
- SAOU
- 11.53%
- 13.50%
2. APPOINTMENT OF CONCILIATORS / ARBITRATORS
3. PERFORMANCE MANAGEMENT & DEVELOPMENT
SCHEME FOR OFFICE BASED EDUCATORS [PMDS]
- provide a basis for decisions on salary progression, rewards
4.
PERMANENT APPOINTMENT OF UNQUALIFIED
EDUCATORS
-
REVQ10 with 10 years satisfactory service at 31/12/2001
effective once system of evaluation has been agreed upon
5.
RECOGNITION FOR IMPROVEMENT IN REQV
-
An educator who qualifies for a salary adjustment must
submit proof within 12 months of obtaining it in order to
receive the adjustment from the date it was approved;
Failure to do so will result in the adjustment being
effective on date of submission
-
6. IMPLEMENTATION OF THE BCEA IN EDUCATION
-
-
Agreed that the provisions of the PAM apply to
educators
Payment and authorization of overtime shall be in terms
of the PAM
Sunday work will paid in terms of the PAM
Educators at schools will have one or more breaks iro
meals, the total of which will not be less than 30 minutes
No pay for night work iro duties after 6pm at an
institution
7. APPOINTMENT OF FULL-TIME SHOP STEWARDS
8. PAYMENT OF ACTING ALLOWANCE FOR AN
EDUCATOR ACTING IN A HIGHER POST WHERE THE
PERMANENT INCUMBENT IS ABSENT
-
-
w.e.f 1April 2003
circumstances
- maternity leave
- sick leave
- study leave
- suspension
- secondment
appointment must be longer than 12 weeks but less than
12 months
RESOLUTIONS : 2003
 1.Evaluation procedures and performance standards
for institution based educators (The purpose of this
agreement is to identify the evaluation procedures,
processes and performance standards for institution
based educators)
 2. Transfer of serving educators in terms of operational
requirements
 (The purpose of this agreement is to amend measures
regarding the transfer of serving educators in terms of
operational requirements)
RESOLUTIONS : 2003
 3. Protocol and instrument for use when observing
educators in practice for the purpose of whole school
evaluation(WSE) and development appraisal system(
DAS) (The purpose of this agreement is to provide a protocol and
instrument for use when observing educators of WSE and DAS)
 4. Post and salary structures for educators (The purpose of
this agreement is to amend the PAM in order to reflect the new post and
salary grading system for educators)
 5. Amendment to Measures dealing with the
Recognition of Experience of Educators gained outside
Public Education prior 1 July 1996 (The purpose of this
agreement is to amend the PAM in order to give the same recognition for
experience gained outside public schools to educators who are appointed
for the first time after July 2003 as for educators who were in service
prior to this date)
EVALUATION & CLOSURE
THANK YOU FOR
YOUR
ATTENDANCE