1. DIRECTORATE: LABOUR RELATIONS Contribution to Whole School Development Workshop: Naphakade Primary School, 2 April 2004

2. Roadmap 4 The SA Constitution 4 Labour Relations 4 General (Open session)

3. The SA Constitution 4 Introduction 4 Ten fundamental values of the Constitution and their relevance in education 4 List of educational strategies

4. Introduction 4 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.

5. Introduction (Continues) 4 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. Such values should transcend language and culture.

6. Ten fundamental values of the Constitution 4 Democracy 4 Social Justice and Equity 4 Equality 4 Non-racism and Non-sexism 4 Ubuntu (Human Dignity)

7. Ten fundamental values of the Constitution (Continues) 4 An Open Society 4 Accountability / Responsibility 4 Rule of Law 4 Respect 4 Reconciliation

8. Educational strategies 4 DoE has developed 16 strategies or approaches for seeding the values of the Constitution in learners. 4 Inter alia: –Nurturing a culture of communication and participation in schools –Role-modeling: Promoting commitment as well as competence among educators

9. Educational strategies (Continues) 4 Strategies (Continues) –Ensuring that every South African is able to read, write, count and think –Ensuring equal access to education –Infusing the classroom with a culture of human rights –Making arts and culture part of the curriculum –Promoting anti-racism in schools

10. Educational strategies (Continues) 4 Strategies (Continues) –Using sport to shape social bonds and nurture nation building –Making multi-lingualism happen –Freeing the potential of girls as well as boys –Making schools safe in which to learn and teach, and ensuring the rule of law in schools

11. Labour Relations 4 Relevant legislation 4 Service conditions of employees 4 Leave 4 Grievances and disputes 4 Disciplinary codes and procedures

12. Relevant legislation 4 All staff –Inter alia: –The Constitution –Basic Conditions of Employment Act –Labour Relations Act –Skills Development Act –Employment Equity Act 4 Public Service staff –Public Service Act

13. Relevant legislation (Continues) 4 CS educators –Employment of Educators Act 4 Education specific –Inter alia: –National Education Policy Act –South African Schools Act –Further Education and Training Act –South African Qualifications Authority Act –South African Council for Educators Act

14. Service conditions of employees 4 SC educators 4 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

15. Leave 4 SC educators 4 Chapter J of PAM –Different types of leave (inter alia) Vacation leave Temporary incapacity leave Maternity leave Study leave Family responsibility leave

16. Grievances and disputes  CS educators –Legislation Chapter H of PAM (EEA)  Definition of a grievance –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.

17. Disputes 4 A dispute is an unresolved grievance 4 PS staff CCMA Bargaining council (GPSCBC) Labour court 4 CS educators Bargaining council (ELRC) Labour court

18. Stages of disputes 4 Conciliation –Facilitate –No decision making power. 4 Arbitration –Neutral facilitator (arbitrator) –Power to make a final and binding decision.

19. Disputes statistics 4 Types of disputes: – July 2003 - Jan 2004

20. Disputes statistics (Continues) Educators (July ‘03 - Jan ‘04) = 151

21. Disciplinary codes and procedures 4 PS staff –PSCBC Resolution 2/1999 as amended by Resolution 1/2003 4 CS educators –Schedule 2 of EEA

22. The purpose of discipline 4 To support constructive labour relations in the public service. 4 To promote mutual respect between employees and between employees and the employer.  To promote acceptable conduct. 4 To avert and correct unacceptable conduct.

23. Procedure 4 Choosing the appropriate action –The seriousness of an incident determines how a manager deals with it. 4 Informal advice 4 Progressive disciplne –Diciplinary meetings 4 Formal discipline –Disciplinary hearings

24. Transgressions 4 Distinguish between serious and less serious misconduct 4 Examples of serious misconduct –Theft –Assault / Corporal punishment –Sexual molestation / harassment –Fraud 4 Examples of less serious misconduct –Absenteeism –Late comming –Neglect of duty –Untidiness

25. Sanctions 4 Progressive discipline sanctions –Counselling –Verbal warning –Written warning –Final written warning 4 Extent of these sanctions –Corrective of nature –Valid for 6 months –No appeal procedure for educators –Can lead to disciplinary hearing

26. Misconduct statistics Types of transgressions (July ‘03 - Jan ‘04)

27. Misconduct Statistics (Continues) Educators (July 2003 - Jan 2004) = 211

28. General  Questions and answers –Open session

29. Presenters 4 Colin Esau:(021) 467-2857 4 Fritz Brand:(021) 467-2368 4 Fax:(021) 425-8612 4 E-mail: cesau@pgwc.gov.za fbrand@pgwc.gov.za

30. 4 Compiled by Fritz Brand