Western Cape Education Department

Western Cape Education Department
Directorate: Labour Relations “KNOW YOUR BASIC LABOUR RIGHTS & RESPONSIBILITIES” WORKSHOP FOR PUBLIC SERVICE STAFF DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP
DOMESTIC ISSUES Starting and finishing times Cellular phones - Off No smoking Ask as many general questions as possible within the timeframes Don’t turn the page DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

INTRODUCTION TO LABOUR RELATIONS AND RELEVANT LEGISLATION R DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

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) Public Service Act Public Service Regulations Barganing Councils Resolutions And other relevant Legislation DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

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

BARGAINING COUNCILS BARGAINING COUNCILS IN THE PUBLIC SERVICE Public Service Co-ordinating Bargaining Council (PSCBC) General Public Service Sectoral Bargaining Councils (GPSSBC) Co-ordinating Chamber of the Public Service Bargaining Council for the Western Cape (CCPWCP) Institutional Management Labour Caucus (IMLC) DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

PSCBC VOTE WEIGHTS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

CCPWCP VOTE WEIGHTS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

DEFINITION OF A GRIEVANCE
A dissatisfaction regarding an official act or omission by the employer affects an employee in the employment relationship, excluding an alleged unfair dismissal DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

GRIEVANCES Legislation PSCBC Resolution 14 of 2002 Government Gazette 25209 Circular 230/2003 Process Oral interview regarding dissatisfaction (Supervisor level) Writing (determine whether the grievance will be a right or interest) Address grievance to Director ( Designated employer) Time Period Within 90 DAYS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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 (GPSSBC) (Referral form attached) Equity and Discrimination Conciliation level via CCMA If Deadlock at Conciliation via Labour Court for adjudication Facilitator External Source DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

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

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

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

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 Meeting) Disciplinary Hearing DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

CATEGORIES OF MISCONDUCT
LESS SERIOUS MISCONDUCT Legislation Resolution 1 of 2003 Procedure the same as that of educators SERIOUS MISCONDUCT DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

Distinguish between serious and less serious misconduct
Examples of less serious misconduct Absenteeism Late coming Sleep on the job Improper conduct DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

SANCTIONS Examples of serious misconduct Theft Fraud Assault/Corporal Punishment Sexual Molestation/Harassment Procedure for Disciplinary Hearing Investigate allegations Serve charge sheet Every person is innocent until proven guilty Opening statements Calling of witnesses leading of evidence Inspection in loco Closing arguments Finding Sanctions: Counseling Warnings Demotion Suspension without pay Dismissal DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

WHAT ARE YOUR RIGHTS ? Inform of meeting/hearing timeously and in writing Receive written reasons for a decision taken Representation Union Self By fellow employee Your right to appeal (disciplinary hearings) Dispute mechanism DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

WHAT ARE YOUR RESPONSIBILITIES
Maintain a professional working relationship (Code of professional ethics: Public Service) 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

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

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

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

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

Protected vs Unprotected strike
certain benefit 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

Protected vs 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

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

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

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