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Western Cape Education Department

Western Cape Education Department. Directorate: Labour Relations “KNOW YOUR BASIC LABOUR RIGHTS & RESPONSIBILITIES” WORKSHOP FOR EDUCATORS. DOMESTIC ISSUES. Starting and finishing times Cellular phones - Off No smoking Ask as many general questions as possible within the timeframes.

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Western Cape Education Department

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  1. Western Cape Education Department Directorate: Labour Relations “KNOW YOUR BASIC LABOUR RIGHTS & RESPONSIBILITIES” WORKSHOP FOR EDUCATORS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  2. DOMESTIC ISSUES • Starting and finishing times • Cellular phones - Off • No smoking • Ask as many general questions as possible within the timeframes DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  3. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  4. TRAINING OBJECTIVES AND OUTCOMES • Inform educators regarding their basic labour rights within the workplace • Familiarise educators of applicable grievance and disputes procedures • Familiarise educators of applicable disciplinary processes and procedures • Inform educators regarding collective bargaining processes with reference to ELRC and PSCBC matters • Inform educators regarding industrial action its advantages and disadvantages • Familiarise educators with general labour relations matters. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  5. R RELEVANT LEGISLATION DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  6. EXERCISE 1 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  7. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  8. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  9. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  10. RELEVANT LEGISLATION • Constitution of the Republic of South Africa • Labour Relations Act • Basic Conditions of Employment Act • Employment of Educators Act • Skills Development Act • Employment Equity Act • South African Schools Act (SASA) • Regulations • Personnel Administration Measures (PAM) • Barganing Councils Resolutions • And other relevant legisaltion DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  11. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  12. BARGAINING COUNCILS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  13. BARGAINING COUNCILS •  REGULATED BY SECTION 27 OF LRA •  POWERS AND FUNCTIONS OF BARGAINING COUNCILS • To conclude collective agreements • To enforce collective agreements • To prevent and resolve labour disputes • To perform the dispute resolution functions referred to in section 51 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  14. BARGAINING COUNCILS •  BARGAINING COUNCILS IN THE PUBLIC SERVICE • - Public Service Co-ordinating Bargaining Council (PSCBC) • - Education Labour Relations Council (ELRC ) • - Provincial Education Labour Relations Council (PELRC) • - Co-ordinating Chamber of the Public Service Bargaining Council for the Western Cape (CCPWCP) DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  15. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  16. ELRCVOTE WEIGHTS NATIONAL DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  17. PELRCVOTE WEIGHTS PROVINCIAL DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  18. GRIEVANCES AND DISPUTES DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  19. DEFINITION OF A GRIEVANCE 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 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  20. GRIEVANCES • Legislation • CHAPTER H OF PAM ( EEA) • Process • Oral interview ( school level) • Writing (school & EMDC or Head Office level) • Facilitator • Internal Source • Time Period • Within 90 DAYS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  21. DISPUTES • UNRESOLVED GRIEVANCE • GRIEVANT STILL DISSATISFIED • TWO KINDS OF DISPUTES • DISPUTE OF RIGHT(Categories and examples) • Unfair Labour Practice • Dismissals • Discrimination • DISPUTE OF INTEREST (Categories or examples) • Wage Disputes • Where to lodge a dispute? • Unfair Labour Practice & Dismissals Disputes via Bargaining Council ( ELRC) • Equity and Discrimination Disputes @ Conciliation level via CCMA • If Deadlock at Conciliation via Labour Court for adjudication • Facilitator • External Source DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  22. STAGES OF DISPUTES • CONCILIATION • FACILITATE IN ORDER TO COME TO AN AGREEMENT • NO DECISION MAKING POWER • DEADLOCK CERTIFICATE • ARBITRATION • NEUTRAL FACILITATOR (ARBITRATOR) • POWER TO MAKE A FINAL AND BINDING DECISIONS : ARBITRATION AWARD • CONCILIATION/ARBITRATION(CON-ARB) • If there is a deadlock, a certificate of outcome will be issued whereafter arbitration commences immediately DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  23. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  24. WHAT ARE YOUR RIGHTS ? • LODGE A GRIEVANCE OR A DISPUTE IF DISSATISFIED WITH A SPECIFIC MATTER(See prescribed form-Annexure A) • REPRESENTATION • UNION • LEGAL (Arbitration Level) • SELF • NO PREJUDICE (CANNOT BE HELD AGAINST YOU ) DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  25. WHAT ARE YOUR RESPONSIBILITIES ? • GRIEVANCE OR DISPUTE MUST BE BASED ON FACTS AND NOT SENTIMENTS • MAINTAIN A PROFESSIONAL WORKING RELATIONSHIP • NO FRIVILIOUS GRIEVANCES OR DISPUTES • COST AWARD CAN BE AWARDED DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  26. DISCIPLINARY CODES AND PROCEDURES DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  27. DISCIPLINARY CODES AND PROCEDURES • PURPOSE OF DISCIPLINE • To maintain discipline and stability in the workplace • To enhance the productivity and effectiveness of education provision • To communicate the unacceptability of certain behavior • To be corrective initially and to be punitive only as last resort • STAGES OF DISCIPLINE • The seriousness of the offence determines the action: • Informal advice and correction • Progressive Discipline (Disciplinary Meetings) • Disciplinary Hearing DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  28. CATEGORIES OF MISCONDUCT • LESS SERIOUS MISCONDUCT • Legislation (page C-17) • Chapter 5: Schedule 2 Section 4 of EEA • (Procedure) • SERIOUS MISCONDUCT • Legislation (page C-9) Chapter 5: Section 17 and 18 of the EEA • Chapter 5: Schedule 2 Section 5 of EEA • (Procedure) DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  29. Distinguish between less serious and serious misconduct • PROGRESSIVE DISCIPLINE • Examples of less serious misconduct • Absenteeism • Late coming • Sleep on the job • Improper conduct • Procedure for disciplinary meetings • Serve notice • Opening of the meeting • Outlining the alleged misconduct • Employee’s response • Dealing with dispute of fact DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  30. SANCTIONS – Employee states his/her case – Closing the initial phase – Finding – Sanction:  Counseling  Verbal Warning  Written Warning  Final written warning • Record of sanction • Right to object DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  31. SANCTIONS • DISCIPLINARY HEARINGS • Examples of serious misconduct – Theft – Fraud – Assault/Corporal Punishment – Sexual Molestation/Harassment • Procedure for Disciplinary Hearimgs – Investigate allegations – Serve charge sheet (within 10 days) – Every person is innocent until proven guilty DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  32. SANCTIONS – Opening statements – Calling of witnesses – Leading of evidence – Inspection in loco – Closing arguments – Finding – Sanctions: • Fines • Demotion • Suspension without pay • Dismissal DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  33. WHAT ARE YOUR RIGHTS ? • Inform of meeting/hearing timeously and in writing • Representation • Union • Self • Legal (disciplinary hearings on approval of Presiding Officer) • Your right to appeal (disciplinary hearings) • Dispute mechanism DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  34. WHAT ARE YOUR RESPONSIBILITIES • Maintain a professional working relationship • (Code of professional ethics: SACE) • Ensure that you are aware of the rules and standards of the workplace (Ignorance of law is no excuse) DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  35. ORGANISATIONAL RIGHTS & STRIKES DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  36. ORGANISATIONAL RIGHTS • Right to belong to a union • Right to access • Right to stop-order facilities • Leave for trade union activities • Disclosure of information • Right to strike DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  37. STRIKES • INTRODUCTION • The act gives effect to employees’ constitutional right to strike • It also grants employers recourse to lock out employees. • DISPUTES OF MUTUAL INTEREST • Wage increase • Demand for organizational rights • Demand to negotiate unilateral changes to working conditions DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  38. WHAT TYPE OF ACTION CAN THE EMPLOYEES TAKE • Partial or complete refusal to work • Retardation or obstruction of work • go slow • work to rule • intermittent strikes • secondary strikes • overtime ban • What must the reason for the action be? – Solve a grievance or dispute about a mutual interest that concerns employers and employees DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  39. Protected vs Unprotected strike • Protected Strike • certain benefits • may not be dismissed • may be dismissed for misconduct during a strike • employers may not get a court interdict to stop the strike • employer cannot claim damages for lost production DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  40. Protected vs Unprotected Strike • Unprotected Strike • where a collective agreement prohibits a strike in respect of the issue in dispute • where an agreement requires that the issue in dispute be referred for arbitration or Labour Court • where parties are engaged in an essential service • unprotected strike employees can be charged with misconduct • NB WHETHER Protected or Unprotected Strike the principle of no work no pay will always apply DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  41. GENERAL QUESTIONS AND ANSWERS • ANY QUESTIONS PERTAINING TO THIS PRESENTATION DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  42. QUESTIONS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  43. QUESTIONS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  44. QUESTIONS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  45. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  46. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  47. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

  48. THANK YOU FOR YOUR ATTENDANCE DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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