Presentation is loading. Please wait.

Presentation is loading. Please wait.

DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 1 Western Cape Education Department Directorate: Labour Relations KNOW YOUR BASIC LABOUR RIGHTS.

Similar presentations


Presentation on theme: "DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 1 Western Cape Education Department Directorate: Labour Relations KNOW YOUR BASIC LABOUR RIGHTS."— Presentation transcript:

1 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 1 Western Cape Education Department Directorate: Labour Relations KNOW YOUR BASIC LABOUR RIGHTS & RESPONSIBILITIES WORKSHOP FOR PUBLIC SERVICE STAFF

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

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

4 4 TRAINING OBJECTIVES AND OUTCOMES n Inform delegates regarding their rights and responsibilities within the workplace n Familiarise delegates of applicable grievance and dispute procedures n Familiarise delegates of applicable disciplinary processes and procedures n Inform delegates regarding collective bargaining processes with reference to ELRC and PSCBC matters n Inform delegates regarding industrial action its advantages and disadvantages n Familiarise delegatess with general labour relations matters.

5 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 5 R INTRODUCTION TO LABOUR RELATIONS AND RELEVANT LEGISLATION

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

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

8 8

9 9

10 10 RELEVANT LEGISLATION n Constitution of the Republic of South Africa n Labour Relations Act n Basic Conditions of Employment Act n Employment of Educators Act n Skills Development Act n Employment Equity Act n South African Schools Act(SASA) n Public Service Act n Public Service Regulations n Barganing Councils Resolutions n And other relevant Legislation

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

12 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 12 BARGAININGCOUNCILS

13 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 13 BARGAINING COUNCILS n REGULATED BY SECTION 27 OF LRA n 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

14 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 14 BARGAINING COUNCILS n 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)

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

16 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 16 PSCBC VOTE WEIGHTS

17 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 17 CCPWCP VOTE WEIGHTS

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

19 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 19 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

20 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 20 GRIEVANCES n Legislation n PSCBC Resolution 14 of 2002 n Government Gazette n Circular 230/2003 n Process –Oral interview regarding dissatisfaction (Supervisor level) (Supervisor level) –Writing (determine whether the grievance will be a right or interest) –Address grievance to Director ( Designated employer) n Time Period –Within 90 DAYS

21 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 21

22 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 22 DISPUTES n UNRESOLVED GRIEVANCE n GRIEVANT STILL DISSATISFIED n TWO KINDS OF DISPUTES 1DISPUTE OF RIGHT(Categories and examples) –Unfair Labour Practice –Dismissals –Discrimination 2DISPUTE OF INTEREST (Categories or examples) – Wage Disputes n Where to lodge a dispute? –Unfair Labour Practice & Dismissals Disputes via Bargaining Council (GPSSBC) (Referral form attached) (GPSSBC) (Referral form attached) –Equity and Discrimination Conciliation level via CCMA –If Deadlock at Conciliation via Labour Court for adjudication n Facilitator –External Source

23 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 23 STAGES OF DISPUTES n CONCILIATION –FACILITATE IN ORDER TO COME TO AN AGREEMENT –NO DECISION MAKING POWER –DEADLOCK CERTIFICATE n ARBITRATION –NEUTRAL FACILITATOR (ARBITRATOR) –POWER TO MAKE A FINAL AND BINDING DECISIONS : ARBITRATION AWARD n CONCILIATION/ARBITRATION(CON-ARB) –If there is a deadlock, a certificate of outcome will be issued whereafter arbitration commences immediately

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

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

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

27 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 27 DISCIPLINARY CODES AND PROCEDURES n 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 nSTAGES OF DISCIPLINE The seriousness of the offence determines the action: The seriousness of the offence determines the action: –Informal advice and correction –Progressive Discipline (Disciplinary Meeting) –Disciplinary Hearing

28 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 28 CATEGORIES OF MISCONDUCT n LESS SERIOUS MISCONDUCT –Legislation –Resolution 1 of 2003 –Procedure the same as that of educators n SERIOUS MISCONDUCT –Legislation –Resolution 1 of 2003

29 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 29 Distinguish between serious and less serious misconduct n Examples of less serious misconduct –Absenteeism –Late coming –Sleep on the job –Improper conduct

30 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 30

31 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 31 SANCTIONS n Examples of serious misconduct –Theft –Fraud –Assault/Corporal Punishment –Sexual Molestation/Harassment n 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 Counseling Warnings Warnings Demotion Demotion Suspension without pay Suspension without pay Dismissal Dismissal

32 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 32 WHAT ARE YOUR RIGHTS ? n Inform of meeting/hearing timeously and in writing n Receive written reasons for a decision taken n Representation –Union –Self –By fellow employee n Your right to appeal (disciplinary hearings) n Dispute mechanism

33 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 33 WHAT ARE YOUR RESPONSIBILITIES n Maintain a professional working relationship (Code of professional ethics: Public Service) (Code of professional ethics: Public Service) n Ensure that you are aware of the rules and standards of the workplace (ignorance of law is no excuse)

34 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 34 ORGANISATIONAL RIGHTS & STRIKES

35 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 35 ORGANISATIONAL RIGHTS n Right to belong to a union n Right to access n Right to stop-order facilities n Leave for trade union activities n Disclosure of information n Right to strike

36 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 36 STRIKES n INTRODUCTION –The act gives effect to employees constitutional right to strike –It also grants employers recourse to lock out employees. n DISPUTES OF MUTUAL INTEREST n Wage increase n Demand for organizational rights n Demand to negotiate unilateral changes to working conditions

37 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 37 WHAT TYPE OF ACTION CAN THE EMPLOYEES TAKE n Partial or complete refusal to work n Retardation or obstruction of work –go slow –work to rule –intermittent strikes –secondary strikes –overtime ban nWhat must the reason for the action be? –Solve a grievance or dispute about a mutual interest that concerns employers and employees

38 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 38 Protected vs Unprotected strike n Protected 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

39 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 39 Protected vs Unprotected Strike n 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 n NB WHETHER Protected or Unprotected Strike the principle of no work no pay will always apply

40 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 40 QUESTIONS

41 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 41

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

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

44 DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 44 THANK YOU FOR YOUR ATTENDANCE


Download ppt "DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP 1 Western Cape Education Department Directorate: Labour Relations KNOW YOUR BASIC LABOUR RIGHTS."

Similar presentations


Ads by Google