DIRECTORATE: LABOUR RELATIONS The Constitution and Labour Relations April 2004.

DIRECTORATE: LABOUR RELATIONS

The Constitution and Labour Relations

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 Education vision 2020

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.– Values which transcend language and culture

are the currency that makes life meaningful.– Inculcating a sense of values at school is

intended to help learners achieve higher levels of moral judgement.

Ten fundamental values of the Constitution

1) Democracy– It’s more than enfranchisement or an

expression of sentiment.– It’s a society’s means to engage

critically with itself.– Education is indispensable in

equipping citizens with the abilities and skills to engage critically and act responsibly.

Ten fundamental values of the Constitution (Continues) 2) Social Justice and Equity

– The Constitution grants inalienable rights to freedom of expression and choice.

– True emancipation means freedom from the material straits of poverty.

– Access to education is arguably the most important resource in addressing poverty.

Ten fundamental values of the Constitution (Continues)

3) Equality– Equality in education means that all

South Africans must have access to schooling and that the access must be equal.

– Understanding the individual’s rights as educator and as learner and accepting that others have rights as well.


4) Non-racism and Non-sexism– For these values to have any

meaning, black students and female students have to be afforded the same opportunities to free their potential as white students and male students.


5) Ubuntu (Human Dignity)– The previous two values required

acceptance of differences and rectifying of inequalities.

– Ubuntu embodies the concept of mutual understanding and the active appreciation of the value of human difference.


6) An Open Society– Sustaining an open society is

critical to democracy.– A society that knows how to talk

and how to listen does not need to resort to violence.

– Debate, discussion and critical thought must thus be encouraged.


7) Accountability / Responsibility– It is a democratic responsibility to

hold the powerful to account.

– It is part and parcel of granting power.

– There can be no rights without responsibilities.


8) Rule of Law– Without commonly accepted codes

there is no meaning in accountability.

– The rule of law is as fundamental to the constitutional state as adherence to the Constitution itself.


9) Respect– This value is not explicitly defined

in the Constitution.

– It is an essential precondition for communication, for teamwork, for productivity, in schools as much as anywhere else.


10) Reconciliation– Healing and reconciling past

differences remains a difficult challenge in South Africa.

– It is more than merely saying sorry.

– It requires redress in other, even material, ways, too.

Educational strategies

Nurturing a culture of communication and participation in schools

Role-modeling: Promoting commitment as well as competence among educators

Ensuring that every South African is able to read, write, count and think

Educational strategies (Continues)

Ensuring equal access to education Infusing the classroom with a culture of

human rights Making arts and culture part of the

curriculum Putting history back into the curriculum Introducing religion education into

schools


Making multi-lingualism happen Using sport to shape social bonds and

nurture nation building Promoting anti-racism in schools Freeing the potential of girls as well as

boys Dealing with HIV/AIDS and nurturing a

culture of sexual and social responsibility


Making schools safe in which to learn and teach, and ensuring the rule of law in schools

Ethics and the environment Nurturing the new patriotism, or

affirming our common citizenship

Education vision 2020

It will form the basis of all WCED’s strategic and operational plans.

This vision supports the vision of the WC Provincial Government.– WCPG’s vision is to build a world-class

province.– The government will base its efforts on

achieving this vision on the concept of iKapa Elihlumayo - Hope, Delivery and Dignity.

Education vision 2020 (Continues)

The Premier has identified five key pillars that will support the WCPG’s efforts for the next decade:– The battle against HIV/AIDS and other health

challenges– Real economic growth and job creation– Excellence in education– Safety and security for our people and our

environment– Fighting poverty through quality basic services and

social delivery


The Education vision 2020 is based on the following strategic thrusts:

– Administrative excellence

– School effectiveness

– iKapa Elihlumayo (Human capital development)


Vision– To build an education system that

provides learners in the province with the knowledge, skills and attitudes that will enhance their national participation and global competitiveness; a system that will enable communities as a whole to manage their lives successfully and with dignity.


Mission

– It remains unaltered, namely:

– To ensure that all learners of the Western Cape acquire the knowledge, skills and values they need to lead fulfilling lives and to contribute to the development of the province and the country.

Labour Relations Relevant legislation Service conditions of employees Leave Grievances and disputes Disciplinary codes and procedures Organisational rights agreement Time-off

Relevant legislation

All staff– The Constitution– Basic Conditions of Employment Act– Labour Relations Act– Promotion of Administrative Justice Act– Promotion of Access to Information Act– Skills Development Act– Employment Equity Act– Occupational Health and Safety Act

Relevant legislation (Continues)

All staff (Continues)

– Compensation for Occupational Injuries and Diseases Act

– Unemployment Insurance Act– Wage Act

Public Service staff– Public Service Act

CS educators– Employment of Educators Act

Relevant legislation (Continues)

Education specific– National Education Policy Act– South African Schools Act– Further Education and Training Act– Adult Basic Education and Training Act– Western Cape Provincial School Education Act– South African Qualifications Authority Act– Quality Assurance of General and Further

Education and Training 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

Public Service staff– Legislation

• Public Service Commission Act

CS educators– Legislation

• Chapter H of PAM (EEA)

Definition of a grievance PS staff

– A dissatisfaction regarding an official act or omission by the employer which adversely affects an employee in the employment relationship, excluding an alleged unfair dismissal.

CS educators– 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 ensure that managers and employees share a common understanding of misconduct and discipline.

The purpose of discipline (Continues)

To promote acceptable conduct.

To avert and correct unacceptable conduct.

To prevent arbitrary or discriminatory actions by managers toward employees.

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

Organisational rights agreement

Collective agreement– PSCBC Resolution 5 of 2002

Purpose of the agreement– 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 (Continues)

Scope of application:– Employees– Management– Representatives– Unions

Union has access to premises of the employer to:– Recruit members– Communicate with members– Serve the interest of members


Meetings– Ordinary meetings

• Take place in member’s own time.• May take place in working hours on condition:

– Five hours per annum.– Not longer than 60 minutes.– Prior permission by management.– Must be in writing three days in advance.– Members get permission from supervisors.


Meetings (Continues)

– Emergency meetings• 48 hours notice.• Application to the institutional head.• Need for meeting must be motivated.• Notice period may be reduced by

agreement.• If management refuse, IMLC will make a

decision which will be final.


Levels of collective bargaining:

– Institutional level (IMLC)

– Regional level (IMLC)

– Departmental level (Bi-monthly)

– Provincial level (PSBC)

Functions of union members– Represent members at grievances and

disciplinary meetings and hearings.– Monitor compliance with provisions of

legislation.– Report any alleged contravention of

workplace-related provisions.– Any other function agreed to by unions

and management.


Time-off

CS educators– Common understanding

Legislation– Chapter G of PAM

3 Categories of time off– Collective bargaining– Organisational duties– Organisational activities

Time-off (Continues)

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 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.

General

Questions and answers– Open session

Presenter

Fritz Brand : (021) 467-2368

Fax : (021) 425-8612

E-mail : [email protected]

Compiled by Fritz Brand

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DIRECTORATE: LABOUR RELATIONS The Constitution and Labour Relations April 2004.

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