Transcript [Company Name]

Western Cape Education
Department
Directorate: Labour Relations
HEAD OFFICE
7/20/2015
7/20/2015
08:00 – 08:15
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Registration
08:15 – 08:30
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Introduction
08:30 – 09:00
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Relevant legislation
09:00 – 10:00
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Grievances and disputes
10:00 – 10:20
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TEA BREAK
10:20 – 11:30
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Disciplinary codes and procedures
11:30 – 12:15
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Bargaining Councils
12:15 – 13:00
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LUNCH
13:00 – 14:00
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Organisational Rights Agreement
14:00 – 14:30
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Time-off
14:30 – 14:45
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TEA BREAK
14:45 – 15:15
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Amendments to legislation and
general questions and answers
15:15 – 15:45
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Discussion, evaluation and closure
DOMESTIC ISSUES
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
Starting and finishing times
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Cellular phones - Off
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No smoking
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Ask as many general questions as
possible within the timeframes
PURPOSE AND OBJECTIVES

Inform managers of labour legislation within
education
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Familiarize managers of applicable grievance and
disputes procedures

Familiarize managers of applicable disciplinary codes
and procedures
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Inform managers regarding bargaining councils.
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Inform managers of the organizational rights
agreement
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Familiarize managers with time-off arrangements
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RELEVANT LEGISLATION

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All staff
– Constitution of the Republic of South Africa
– Basic Conditions of Employment Act
– Labour Relations Act
– Skills Development Act
– Employment Equity Act
– Occupational Health and Safety Act
– Compensation for Occupational Injuries
Diseases Act
– Unemployment Insurance Act
– Wage Act
and
RELEVANT LEGISLATION
(Continue)

Public Service
– Public Service Act

CS Educators
– Employment of Educators Act
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GRIEVANCES AND
DISPUTES

Public Service
– LEGISLATION


PUBLIC SERVICE COMMSSION ACT
CS EDUCATORS
– LEGISLATION

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CHAPTER H OF PAM ( EEA)
DEFINITION OF A GRIEVANCE

CS EDUCATOR
– A complaint by an employee or employees
affecting the employment relationship of the
person or persons concerned, or there is an
alleged misinterpretation, or violation of his or
her , or their rights

PS STAFF
– Means a dissatisfaction regarding an official act or
omission by the employer which adversely affects
an employee in the employment relationship,
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DISPUTES

UNRESOLVED GRIEVANCE
– PS STAFF




CCMA
BARGAINING COUNCIL (GPSCBC)
LABOUR COURT
CS EDUCATORS


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BARGAINING COUNCIL ( ELRC)
LABOUR COURT
STAGES OF DISPUTES

CONCILIATION
– FACILITATE
– NO DECISION MAKING POWER

ARBITRATION
– NEUTRAL FACILITATOR (ARBITRATOR)
– POWER TO MAKE A FINAL AND BINDING
DECISION
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TEA BREAK
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DISCIPLINARY CODES
AND PROCEDURES

CS Educators
– LEGISLATION


SCHEDULE 2 OF EEA
PS STAFF
– RESOLUTION 1 OF 2003
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BARGAINING COUNCILS

REGULATED BY LRA
– SECTION 27 OF LRA

POWERS AND FUNCTIONS OF B/C
– TO CONCLUDE COLLECTIVE AGREEMENTS
– TO ENFORCE COLLECTIVE AGREEMENTS
– TO PREVENT AND RESOLVE LABOUR
DISPUTES
– TO PERFORM THE DISPUTE RESOLUTION
7/20/2015 FUNCTIONS REFERRED TO IN SECTION 51
BARGAINING COUNCILS
( CONT.)

BARGAINING COUNCILS IN THE
PUBLIC SERVICE
– PSCBC
– ELRC
– GPSCBC
– PSBC
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BARGAINING COUNCILS
( CONT.)
ELRC
PSBC
PELRC
BIMONTHLY
IMLC
TASK
TEAMS
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ELRC
VOTE WEIGHTS
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25
Representatives
210 235
60,90 %
15
Representatives
NAPTOSA
95 988
27,57%
7
Representatives
SAOU
41 315
11,53%
3
Representatives
EMPLOYER
SADTU
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PELRC
VOTE WEIGHTS
-
-
20
Representatives
SADTU
12 830
51,74 %
10
Representatives
NAPTOSA
8 709
34,76%
8
Representatives
SAOU
3 350
13,50%
2
Representatives
EMPLOYER
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TRADE UNION
MEMBERSHIP
TOTAL
% VOTES
PAWUSA
7982
21
NEHAWU
7929
20
PSA
7953
21
DENOSA
5730
SAMA
1154
Total
6884
18
HOSPERSA
4852
12
NUPSAW
2961
8
TOTAL
38 561
100
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LUNCH
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ORGANISATIONAL
RIGHTS AGREEMENT

Collective Agreement
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
5 of 2002
Purpose of the agreement
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mutual understanding of rights and obligations
sound relations between management and employees
reduce conflict between role-players
mutual respect between role-players
labour peace
efficient public service
ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Scope of application
– applicable to all




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employees,
management
representatives
and unions
ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Union access to premises of the
administration
– recruitment of members
– communication with members
– serving the interest of members
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ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Meetings
– Ordinary meetings


take place in member’s own time
may take place in working hours on condition:
–
–
–
–
–
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five hours per annum
not longer than 60 minutes
prior permission by management
must be in writing three days in advance
members get permission by supervisors
ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Emergency meetings
– 48 hours notice
– to the institutional head
– need for meeting shall be motivated
– notice period may be reduced by
agreement
– management refuse imlc will make a
decision which will be final
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ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Levels of collective bargaining:
– institutional level (imlc)
– regional level (imlc)
– departmental level( bi-monthly )
– provincial level ( PSBC)
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ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Functions of union members
– represent members at grievances and
disciplinary meetings
– monitor compliance with provisions of
legislation
– report any alleged contravention of
workplace - related provisions
– any other function agreed to by unions and
management
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ORGANISATIONAL RIGHTS
AGREEMENT
( cont)

Leave for union activities ( time -off)
– union representatives/ office bearers
qualifies for 10 days per annum
– perform functions in terms of this
agreement or chapter l of PSSC
– conditions as per page 18 of ORA
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TIME-OFF

CS EDUCATORS
– COMMON UNDERSTANDING

LEGISLATION
– CHAPTER G OF PAM

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3 CATOGORIES OF TIME OFF
– COLLECTIVE BARGAINING
– 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)
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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:



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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
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 Voting i.r.o. a lawful strike/industrial

TEA BREAK
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AMENDMENTS TO
LEGISLATION
LRA
 Education Laws Amendment Act
 BCEA

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AMENDMENTS TO THE LRA
THE 2002 AMENDMENTS INTER ALIA
PROVIDES FOR THE FOLLOWING:
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
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The right to strike on retrenchments and facilitation
of disputes around retrenchments.
Increased powers to bargaining councils and its
officials.
Better protection to venerable workers.
One stop conciliation and arbitration process.
One stop final and binding disciplinary enquiries (Predismissal arbitration).
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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)
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- Limits on compensation (Section 194)
(Page 40)
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

Arbitration awards will be deemed to be
orders of the Labour Court excluding
payment of an amount of money
(Section 143) ( PAGE 24)
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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.
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SOUTH AFRICAN SCHOOLS
ACT

SECTION 5(4) (Page 4)
– ADMISSION AGE OF LEARNERS
– WITH EFFECT AS FROM 1 JANUARY 2004

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)
– PROHIBITATION OF INITIATION PRACTICES

SECTION 18 (Page 8)
– CODE OF CONDUCT OF GOVERNING BODIES
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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 electronically.
– 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.
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FURTHER EDUCATION
AND TRAINING ACT

SECTION 16(A) (Page 14)
– Prohibition of corporal punishment and initiation
practices.
 ADULT
BASIC
EDUCATION AND
TRAINING ACT

SECTION 20(A) (Page 20)
– Prohibition of corporal punishment and initiation
practices.
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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.
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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
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basic employment conditions.
BASIC CONDITIONS OF EMPLOYMENT
ACT (Continue)
• PAYMENT OF CONTRIBUTIONS TO BENEFIT
FUNDS (Section 34.a) (Page 4)
•
•
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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
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GENERAL QUESTIONS AND
ANSWERS
Open session:
Please feel free to raise any other labour
relations matters that you would like to bring
under our attention or that you need more
clarity or information on.
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EVALUATION & CLOSURE
THANK YOU FOR
YOUR
ATTENDANCE
7/20/2015