directorate: labour relations labour relations forums: 2nd quarter 2004

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DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

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Page 1: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

DIRECTORATE: LABOUR RELATIONS

LABOUR RELATIONS FORUMS:

2nd Quarter 2004

Page 2: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Time arrangements

12:45 – 13:00 Registration

13:00 – 14:30 First half of presentation

14:30 – 14:45 COMFORT BREAK

14:45 – 16:00 Second half of presentation

Page 3: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Programme

1. Opening and welcome

2. Standing items Feedback from:

• Directorate: Labour Relations

• Education Labour Relations Council

• Provincial Education Labour Relations Council

3. New items Amendments to Education Laws Co-ordinating Chamber of the PSCBC for the Western

Cape Province (CCPWCP)

4. General (Questions and answers session)

5. Next meeting and closure

Page 4: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Feedback from the Directorate: Labour Relations

Statistics on: Grievances and Disputes Misconduct

Page 5: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Grievances and Disputes Statistics

TOTALCS PS CS PS CS PS CS PS CS PS CS PS CS PS CS PS

Promotion 2 2 10 1 6 9 1 11 1 43Principal 1 0 1 5 1 1 0 9Rightsizing 2 1 3 2 1 0 0 9PL 1 1 2 6 0 1 1 1 12Other 3 2 1 17 3 8 9 4 10 3 10 1 1 3 75

TOTAL 9 0 7 1 37 3 16 0 18 4 21 4 22 1 2 3 148

WEST COAST

EMDC : CENTRAL

EMDC : NORTH

HEAD OFFICE

EMDC : EAST

EMDC : SOUTH

EMDC : OVERBERG

EMDC : SOUTH CAPE

March 2004 = 148

Page 6: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

98

40

1622

23

25

5

West CoastCentralNorthEastSouthS/CapeOverbergH/O

Grievances and Disputes Statistics (Continues)

March 2004

Page 7: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Misconduct Statistics

CS PS CS PS CS PS CS PS CS PS CS PS CS PS CS PS

Corporal punishment 2 2 1 3 6 1

Fraud 1 1 2 1 1 1 2 1 1

Financial mismanagement 4 1 6 1 6 1 5 2 2 2 5 5 1 3

Absent / abscondment 3 3 2 5 8 3 7 6 1 1 1 2

Assault 4 1 7 2 4 4 1 4 2 3

Unprofessional conduct / behaviour 1 3 1 9 10 1 6 1 6 1

Alcohol 1 1 5 1 2 2 1 1

Theft 1 1 4 1 4 2 1 2 1

Sexual molestation / harassment 1 3 1 2 1 2 5 3 6

Various : 1 1 3 2 2 4 2 1 1 6 1

Victimisation 1 1

Racial remarks 1 2

Misuse of GG 1

Workd Outside 1 1 1

Negligence 1

Insubordination 1 1 2 1

TOTAL 16 2 21 9 36 14 49 10 25 18 43 2 19 6 7

TRANSGRESSION

EMDC : WEST C EMDC : CENTRAL EMDC : NORTH HEAD OFFICEEMDC : EAST EMDC : SOUTH EMDC : OVER EMDC : SOUTH C TOTAL

15114442323914172424231315

277

March 2004 = 277

Page 8: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

18

30

50

59

43

25

45

7

West CoastCentralNorthEastSouthS/CapeOverbergH/O

Misconduct Statistics (Continues)

March 2004

Page 9: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Feedback on the Education Labour Relations Council

(ELRC)

New resolutions•No resolutions have been signed thus

far this year.

Current issues

Page 10: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Current issues

Post provisioningDispute resolutionMaximum working hoursBacklog in salariesRevised grading normsABET: COSFirst appointments

Page 11: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Feedback on the Provincial Education Labour Relations

Council (PELRC)

Next meeting• Scheduled for 2 June 2004.

Standing items

General

Page 12: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing itemsEmployment Equity

Advocacy workshops started on 10 May and will continue until 15 October 2004.

SGB’s, principals and staff are represented at these workshops.

An implementation guideline will be developed during 27 July and 6 Sept 2004.

This guideline will be delivered to institutions on 15 October 2004.

Profiles and targets must then be completed by 17 November 2004.

Page 13: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

Skills Development Budgeted in terms of a stipulated formula:

• 1% of personnel payroll = R39 323 mil.

• 10% of 1% to ETDP SETA = R3 932 mil.

• 90% of 1% ring-fenced for development & training = R35 391 mil.

However, envisaged that R41 065 mil will be spent.

A number of special projects have been identified.

Page 14: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

Skills Development (Continues) Some special projects:

• 120 NPDE candidates = R600 000.• 120 ACE candidates = R900 000.• 10 Learnerships = R200 000.• R700 000 ring-fenced for IT training.

– R100 000/EMDC.

These projects will be implemented at the EMDCs and managed by a Project Manager at Head Office.

Page 15: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

National Teaching Awards A new category was added, namely:

• Excellence in ABET teaching

Important dates:• 18 June 2004 Closing of nominations• 6 Aug 2004 Cluster winners identified• 19 Aug -

1 Sept 2004 Site visits• 3 Sept 2004 Provincial winners identified• 10 Sept 2004 Provincial awards ceremony

Page 16: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)IQMS (PTT)

12 Educators have been seconded to the project. Mark Mofoking and Ann Schlebusch are co-managing

it.

Materials are in the process of being translated.

Training of officials completed in 4 EMDCs. Principals and one educator per school will be trained

in June/July 2004.

Page 17: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

NPDE R600 000 was made available through WSP.

Negotiations with UWC and the Cape Technikon are underway.

It is hoped that the course will commence in the second semester of 2004.

Page 18: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

Safety at schools The impact of gang violence on schools are being

research in partnership with the Institute for Security Studies.

A discussion document will be available in July 2004.

Organisational workshops started in March and will finish in October 2004.

Principals and Safety Officers will receive training in 7 modules.

Page 19: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

Safety at schools (Continues) The Safe Schools Call Centre was

relocated from Cape Town Teachers Centre to Head Office.

The new chemical drug “tik-tik” is a major concern.• Immediate addiction, psychotic behaviour,

immediate weight loss and sexual arousal.

Page 20: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

Safety at schools (Continues) January - May 2004 = 627 incidents

121

86

9764

123

136 Abuse

Burglary/VandalismCrime

Gang violence

GovernmentBody issuesGeneral queries

Page 21: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)Transformation and Restructuring

A total of 383 educators were in excess on 21 May 2004.

A total of 60 excess educators have been absorbed thus far.

HIV / AIDS in the workplace The HIV / AIDS Workplace Policy is awaiting the

signature and approval of the new Minister of Education.

Training on this will take place during Term 3.

Page 22: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)

HIV / AIDS in the workplace (Continues) Training will be done at EMDCs and Head

Office for line managers, school principals, ABET Centre managers and FET College managers.

Lifeline will provide free VCT when they do their awareness sessions at schools if there are at least 3 employees who would like to be tested.

Page 23: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Standing items (Continues)HIV / AIDS in the workplace (Continues)

Trough PEAP money has been set aside for awareness sessions and a VCT service in the rural EMDC’s.

A service provider is currently being sourced. This service should reach these areas in Term

3.

34 Peer Educators from different schools received training in March 2004.

Page 24: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

GeneralThe PELRC’s operational plan for

2004/05 contains the following objectives:

Improving the operations of and relations in the PELRC.

Advocacy of the role and functions of the ELRC/PELRC.

Promote and support a culture of learning, teaching and service delivery.

Page 25: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004
Page 26: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Amendments to Education Laws

South African Schools Act

Employment of Educators Act

Page 27: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Education Laws Amendment Act, 1/2004

The following acts were amended: SAQAA: South African Qualifications

Authority Act SASA: South African Schools Act EEA: Employment of Educators Act GFETQAA: General and Further Education and

Training Quality Assurance Act

We will only highlight the significant amendments to SASA and the EEA.

Page 28: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

South African Schools ActSection 38A (page 4)

Prohibition of payment of unauthorised remuneration or giving of benefits to certain employees.

This provision effects state employees who are given additional remuneration and/or benefits by SGB’s.

SGB’s can apply in writing for approval to pay state employees additional remuneration and/or benefits.

Page 29: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

South African Schools Act (Continues)

Section 38A (Continues) Applications must be made at least 4 months

before the finalisation of the school’s budget. The employer must not unreasonably refuse

an application.

If no approval was obtained the amount paid or benefit given must be recovered by the employer form the members of the SGB - excluding minors.

Page 30: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

South African Schools Act (Continues)

Section 38A (Continues) SGB’s may appeal to the MEC.

The WCED is currently engaged with SGB’s and unions regarding the implementation of this provision.

The WCED has 12 months to put the necessary administrative procedures in place before it can give effect to this provision.

Page 31: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Employment of Educators ActSection 25 (page 6)

This provision allows the employer the right to appeal against the finding of the presiding officer of a disciplinary hearing and against the sanction imposed.

Appeals must be lodged within 5 working days.

This may have the effect of increasing the number of appeals to the provincial Minister.

Page 32: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Co-ordinating Chamber of the PSCBC for the Western Cape Province (CCPWCP)

Background

Vote weights

Page 33: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Background

The inaugural meeting took place on 16 April 2004.

This chamber was established in terms of PSCBC Resolution 9 of 2003.

The CCPWCP replaced the Provincial Chamber of the Western Cape whose final meeting was held on 12 May 2004.

Page 34: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Background (Continues)

Employee representatives consist of all the Public Service unions (both CS and PS).

The employer is represented by an official from each department of the WCPA.

Due to the WCED’s unique character it has 2 representatives, namely Gerald Elliott (Public Servants) and Salie Faker (CS Educators).

Page 35: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Background (Continues)

The CCPWCP will deal with transversal issues while sector specific issues will be dealt with in the various provincial councils.

Office bearers: Darryl Jacobs: Chairperson Salie Faker: Vice-Chairperson

(Employer) Pamela: Vice-Chairperson

(Employee)

Page 36: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Vote weights

NEHAWU 25,909%SADTU 20,073%NAPTOSA 18,403%PSA 13,031%HOSPERSA 12,571%DENOSA 9,941%POPCRU 0,071%SAPU 0,000%

Page 37: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

GeneralQuestions and answers

Open session

Page 38: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

General (Continues)Suggestions

Topics to be discussed at future meetings

Page 39: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Presenter

Colin Esau : (021) 467-2857

Fax : (021) 425-8612

E-mail : [email protected]

Page 40: DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

Compiled by Fritz Brand