1. DIRECTORATE: LABOUR RELATIONS LABOUR RELATIONS FORUMS: 2nd Quarter 2004

2. Time arrangements

3. Programme 1. Opening and welcome 2. Standing items l Feedback from: Directorate: Labour Relations Education Labour Relations Council Provincial Education Labour Relations Council 3. New items l Amendments to Education Laws l Co-ordinating Chamber of the PSCBC for the Western Cape Province (CCPWCP) 4. General (Questions and answers session) 5. Next meeting and closure

4. Feedback from the Directorate: Labour Relations §Statistics on: l Grievances and Disputes l Misconduct

5. Grievances and Disputes Statistics March 2004 = 148

6. Grievances and Disputes Statistics (Continues) March 2004

7. Misconduct Statistics March 2004 = 277

8. Misconduct Statistics (Continues) March 2004

9. Feedback on the Education Labour Relations Council (ELRC) l New resolutions No resolutions have been signed thus far this year. l Current issues

10. Current issues §Post provisioning §Dispute resolution §Maximum working hours §Backlog in salaries §Revised grading norms §ABET: COS §First appointments

11. Feedback on the Provincial Education Labour Relations Council (PELRC) l Next meeting Scheduled for 2 June 2004. l Standing items l General

12. Standing items §Employment Equity l Advocacy workshops started on 10 May and will continue until 15 October 2004. l SGBs, principals and staff are represented at these workshops. l An implementation guideline will be developed during 27 July and 6 Sept 2004. l This guideline will be delivered to institutions on 15 October 2004. l Profiles and targets must then be completed by 17 November 2004.

13. Standing items (Continues) §Skills Development l Budgeted in terms of a stipulated formula: 1% of personnel payroll = R39 323 mil. 10% of 1% to ETDP SETA = R3 932 mil. 90% of 1% ring-fenced for development & training = R35 391 mil. l However, envisaged that R41 065 mil will be spent. l A number of special projects have been identified.

14. Standing items (Continues) §Skills Development (Continues) l Some special projects: 120 NPDE candidates = R600 000. 120 ACE candidates = R900 000. 10 Learnerships = R200 000. R700 000 ring-fenced for IT training. –R100 000/EMDC. l These projects will be implemented at the EMDCs and managed by a Project Manager at Head Office.

15. Standing items (Continues) §National Teaching Awards l A new category was added, namely: Excellence in ABET teaching l Important dates: 18 June 2004Closing of nominations 6 Aug 2004Cluster winners identified 19 Aug - 1 Sept 2004Site visits 3 Sept 2004Provincial winners identified 10 Sept 2004Provincial awards ceremony

16. Standing items (Continues) §IQMS (PTT) l 12 Educators have been seconded to the project. l Mark Mofoking and Ann Schlebusch are co- managing it. l Materials are in the process of being translated. l Training of officials completed in 4 EMDCs. l Principals and one educator per school will be trained in June/July 2004.

17. Standing items (Continues) §NPDE l R600 000 was made available through WSP. l Negotiations with UWC and the Cape Technikon are underway. l It is hoped that the course will commence in the second semester of 2004.

18. Standing items (Continues) §Safety at schools l The impact of gang violence on schools are being research in partnership with the Institute for Security Studies. l A discussion document will be available in July 2004. l Organisational workshops started in March and will finish in October 2004. l Principals and Safety Officers will receive training in 7 modules.

19. Standing items (Continues) §Safety at schools (Continues) l The Safe Schools Call Centre was relocated from Cape Town Teachers Centre to Head Office. l The new chemical drug tik-tik is a major concern. Immediate addiction, psychotic behaviour, immediate weight loss and sexual arousal.

20. Standing items (Continues) §Safety at schools (Continues) l January - May 2004 = 627 incidents

21. Standing items (Continues) §Transformation and Restructuring l A total of 383 educators were in excess on 21 May 2004. l A total of 60 excess educators have been absorbed thus far. §HIV / AIDS in the workplace l The HIV / AIDS Workplace Policy is awaiting the signature and approval of the new Minister of Education. l Training on this will take place during Term 3.

22. Standing items (Continues) §HIV / AIDS in the workplace (Continues) l Training will be done at EMDCs and Head Office for line managers, school principals, ABET Centre managers and FET College managers. l Lifeline will provide free VCT when they do their awareness sessions at schools if there are at least 3 employees who would like to be tested.

23. Standing items (Continues) §HIV / AIDS in the workplace (Continues) l Trough PEAP money has been set aside for awareness sessions and a VCT service in the rural EMDCs. l A service provider is currently being sourced. l This service should reach these areas in Term 3. l 34 Peer Educators from different schools received training in March 2004.

24. General §The PELRCs operational plan for 2004/05 contains the following objectives: l Improving the operations of and relations in the PELRC. l Advocacy of the role and functions of the ELRC/PELRC. l Promote and support a culture of learning, teaching and service delivery.

26. Amendments to Education Laws l South African Schools Act l Employment of Educators Act

27. Education Laws Amendment Act, 1/2004 §The following acts were amended: l SAQAA:South African Qualifications Authority Act l SASA:South African Schools Act l EEA:Employment of Educators Act l GFETQAA:General and Further Education and Training Quality Assurance Act §We will only highlight the significant amendments to SASA and the EEA.

28. South African Schools Act §Section 38A (page 4) l Prohibition of payment of unauthorised remuneration or giving of benefits to certain employees. l This provision effects state employees who are given additional remuneration and/or benefits by SGBs. l SGBs can apply in writing for approval to pay state employees additional remuneration and/or benefits.

29. South African Schools Act (Continues) §Section 38A (Continues) l Applications must be made at least 4 months before the finalisation of the schools budget. l The employer must not unreasonably refuse an application. l If no approval was obtained the amount paid or benefit given must be recovered by the employer form the members of the SGB - excluding minors.

30. South African Schools Act (Continues) §Section 38A (Continues) l SGBs may appeal to the MEC. l The WCED is currently engaged with SGBs and unions regarding the implementation of this provision. l The WCED has 12 months to put the necessary administrative procedures in place before it can give effect to this provision.

31. Employment of Educators Act §Section 25 (page 6) l This provision allows the employer the right to appeal against the finding of the presiding officer of a disciplinary hearing and against the sanction imposed. l Appeals must be lodged within 5 working days. l This may have the effect of increasing the number of appeals to the provincial Minister.

32. Co-ordinating Chamber of the PSCBC for the Western Cape Province (CCPWCP) l Background l Vote weights

33. Background §The inaugural meeting took place on 16 April 2004. §This chamber was established in terms of PSCBC Resolution 9 of 2003. §The CCPWCP replaced the Provincial Chamber of the Western Cape whose final meeting was held on 12 May 2004.

34. Background (Continues) §Employee representatives consist of all the Public Service unions (both CS and PS). §The employer is represented by an official from each department of the WCPA. §Due to the WCEDs unique character it has 2 representatives, namely Gerald Elliott (Public Servants) and Salie Faker (CS Educators).

35. Background (Continues) §The CCPWCP will deal with transversal issues while sector specific issues will be dealt with in the various provincial councils. §Office bearers: l Darryl Jacobs:Chairperson l Salie Faker:Vice-Chairperson (Employer) l Pamela: Vice-Chairperson (Employee)

36. Vote weights §NEHAWU25,909% §SADTU20,073% §NAPTOSA18,403% §PSA13,031% §HOSPERSA12,571% §DENOSA9,941% §POPCRU0,071% §SAPU0,000%

37. General Questions and answers Open session

38. General (Continues) §Suggestions l Topics to be discussed at future meetings

39. Presenter §Colin Esau:(021) 467-2857 §Fax:(021) 425-8612 §E-mail: cesau@pgwc.gov.za

40. Compiled by Fritz Brand