DIRECTORATE: LABOUR RELATIONS

Contribution to Whole School Development Workshop:

Naphakade Primary School,

2 April 2004

Roadmap

The SA Constitution

Labour Relations

General (Open session)

The SA Constitution

Introduction

Ten fundamental values of the Constitution and their relevance in education

List of educational strategies

Introduction

General– The Constitution expresses South Africans’

shared aspirations and the moral and ethical direction they have set for the future.

– The Constitution is a vision of society based on equity, justice and freedom for all.

– The Constitution thus compels transformation.

Introduction (Continues)

Education

– Education does not exists to simply serve the market, but to serve society.

– This means that a broad sense of values has to be instilled in learners.

• Such values should transcend language and culture.

Ten fundamental values of the Constitution

Democracy

Social Justice and Equity

Equality

Non-racism and Non-sexism

Ubuntu (Human Dignity)

Ten fundamental values of the Constitution (Continues)

An Open Society

Accountability / Responsibility

Rule of Law

Respect

Reconciliation

Educational strategies

DoE has developed 16 strategies or approaches for seeding the values of the Constitution in learners.

Inter alia:– Nurturing a culture of communication

and participation in schools– Role-modeling: Promoting commitment

as well as competence among educators

Educational strategies (Continues)

Strategies (Continues)– Ensuring that every South African is able

to read, write, count and think– Ensuring equal access to education– Infusing the classroom with a culture of

human rights– Making arts and culture part of the

curriculum– Promoting anti-racism in schools

Educational strategies (Continues)

Strategies (Continues)– Using sport to shape social bonds and

nurture nation building– Making multi-lingualism happen– Freeing the potential of girls as well as

boys– Making schools safe in which to learn

and teach, and ensuring the rule of law in schools

Labour Relations

Relevant legislation Service conditions of employees Leave Grievances and disputes Disciplinary codes and

procedures

Relevant legislation All staff

– Inter alia:

– The Constitution

– Basic Conditions of Employment Act

– Labour Relations Act

– Skills Development Act

– Employment Equity Act

Public Service staff– Public Service Act

Relevant legislation (Continues)

CS educators– Employment of Educators Act

Education specific– Inter alia:– National Education Policy Act– South African Schools Act– Further Education and Training Act– South African Qualifications Authority Act– South African Council for Educators Act

Service conditions of employees

SC educators

Chapter 3 of EEA (Sections 6-9)– All appointments shall be made by the head

of education subject to recommendation of the SGB

• First appointment• Promotion• Transfer• Secondments

Leave SC educators

Chapter J of PAM– Different types of leave

(inter alia)• Vacation leave

• Temporary incapacity leave

• Maternity leave

• Study leave

• Family responsibility leave

Grievances and disputes

CS educators– Legislation

• Chapter H of PAM (EEA)

Definition of a grievance– A complaint by an employee or

employees affecting the employment relationship of the person or persons concerned, or if there is an alleged misinterpretation, or violation of his, her or their rights.

Disputes A dispute is an unresolved grievance

PS staff• CCMA• Bargaining council (GPSCBC) • Labour court

CS educators• 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.

Disputes statistics

Types of disputes:– July 2003 - Jan 2004

TYPES CS PS TOTALPromotion 47 0 47Principal 22 0 22Rightsizing 13 0 13PL1 20 0 20Other 48 11 59TOTAL 150 11 161

Disputes statistics (Continues)

Educators (July ‘03 - Jan ‘04) = 151

32

3815

10

5

22

10 1

North

East

Central

South

West Coast/ Winelands

Breede River/ Overberg

South Cape/ Karoo

Head Office

Disciplinary codes and procedures

PS staff– PSCBC Resolution 2/1999 as amended

by Resolution 1/2003

CS educators– Schedule 2 of EEA

The purpose of discipline To support constructive labour relations in

the public service.

To promote mutual respect between employees and between employees and the employer.

To promote acceptable conduct.

To avert and correct unacceptable conduct.

Procedure Choosing the appropriate action

– The seriousness of an incident determines how a manager deals with it.

Informal advice

Progressive disciplne– Diciplinary meetings

Formal discipline– Disciplinary hearings

Transgressions Distinguish between serious and less serious

misconduct

Examples of serious misconduct– Theft– Assault / Corporal punishment– Sexual molestation / harassment– Fraud

Examples of less serious misconduct– Absenteeism– Late comming– Neglect of duty– Untidiness

Sanctions Progressive discipline sanctions

– Counselling– Verbal warning– Written warning– Final written warning

Extent of these sanctions– Corrective of nature– Valid for 6 months– No appeal procedure for educators– Can lead to disciplinary hearing

Misconduct statisticsTypes of transgressions (July ‘03 - Jan ‘04)

TRANSGRESSION CS PS TOTALCorporal punishment 25 1 26Fraud 26 7 33Financial mismanagement 27 7 34Absent / Abscondment 22 19 41Assualt 22 0 22Unprofesional conduct 28 3 31Alcohol 8 3 11Theft 1 0 1Sexual molestation / harassment 23 2 25Victimisation 1 0 1Racial remarks 1 0 1Misuse of GG 0 2 2Work outside 3 1 4Negligence 2 0 2Insubordination 1 4 5Various 20 6 26TOTAL 211 54 265

Misconduct Statistics (Continues)

Educators (July 2003 - Jan 2004) = 211

26

45

13

41

14

27

44

1

North

East

Central

South

West Coast/ Winelands

Breede River/ Overberg

South Cape/ Karoo

Head Office

General

Questions and answers– Open session

Presenters

Colin Esau : (021) 467-2857 Fritz Brand : (021) 467-2368

Fax : (021) 425-8612

E-mail : cesau@pgwc.gov.za

fbrand@pgwc.gov.za

Compiled by Fritz Brand