DIRECTORATE LABOUR RELATIONS The Constitution and Labour Relations

DIRECTORATE: LABOUR RELATIONS The Constitution and Labour Relations April 2004

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

The SA Constitution 4 Introduction 4 Ten fundamental values of the Constitution and their relevance in education 4 List of educational strategies 4 Education vision 2020

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.

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. – Values which transcend language and culture are the currency that makes life meaningful. – Inculcating a sense of values at school is intended to help learners achieve higher levels of moral judgement.

Ten fundamental values of the Constitution 41) Democracy – It’s more than enfranchisement or an expression of sentiment. – It’s a society’s means to engage critically with itself. – Education is indispensable in equipping citizens with the abilities and skills to engage critically and act responsibly.

Ten fundamental values of the Constitution (Continues) 42) Social Justice and Equity – The Constitution grants inalienable rights to freedom of expression and choice. – True emancipation means freedom from the material straits of poverty. – Access to education is arguably the most important resource in addressing poverty.

Ten fundamental values of the Constitution (Continues) 43) Equality – Equality in education means that all South Africans must have access to schooling and that the access must be equal. – Understanding the individual’s rights as educator and as learner and accepting that others have rights as well.

Ten fundamental values of the Constitution (Continues) 44) Non-racism and Non-sexism – For these values to have any meaning, black students and female students have to be afforded the same opportunities to free their potential as white students and male students.

Ten fundamental values of the Constitution (Continues) 45) Ubuntu (Human Dignity) – The previous two values required acceptance of differences and rectifying of inequalities. – Ubuntu embodies the concept of mutual understanding and the active appreciation of the value of human difference.

Ten fundamental values of the Constitution (Continues) 46) An Open Society – Sustaining an open society is critical to democracy. – A society that knows how to talk and how to listen does not need to resort to violence. – Debate, discussion and critical thought must thus be encouraged.

Ten fundamental values of the Constitution (Continues) 47) Accountability / Responsibility – It is a democratic responsibility to hold the powerful to account. – It is part and parcel of granting power. – There can be no rights without responsibilities.

Ten fundamental values of the Constitution (Continues) 48) Rule of Law – Without commonly accepted codes there is no meaning in accountability. – The rule of law is as fundamental to the constitutional state as adherence to the Constitution itself.

Ten fundamental values of the Constitution (Continues) 49) Respect – This value is not explicitly defined in the Constitution. – It is an essential precondition for communication, for teamwork, for productivity, in schools as much as anywhere else.

Ten fundamental values of the Constitution (Continues) 410) Reconciliation – Healing and reconciling past differences remains a difficult challenge in South Africa. – It is more than merely saying sorry. – It requires redress in other, even material, ways, too.

Educational strategies 4 Nurturing a culture of communication and participation in schools 4 Role-modeling: Promoting commitment as well as competence among educators 4 Ensuring that every South African is able to read, write, count and think

Educational strategies (Continues) 4 Ensuring equal access to education 4 Infusing the classroom with a culture of human rights 4 Making arts and culture part of the curriculum 4 Putting history back into the curriculum 4 Introducing religion education into schools

Educational strategies (Continues) 4 Making multi-lingualism happen 4 Using sport to shape social bonds and nurture nation building 4 Promoting anti-racism in schools 4 Freeing the potential of girls as well as boys 4 Dealing with HIV/AIDS and nurturing a culture of sexual and social responsibility

Educational strategies (Continues) 4 Making schools safe in which to learn and teach, and ensuring the rule of law in schools 4 Ethics and the environment 4 Nurturing the new patriotism, or affirming our common citizenship

Education vision 2020 4 It will form the basis of all WCED’s strategic and operational plans. 4 This vision supports the vision of the WC Provincial Government. – WCPG’s vision is to build a world-class province. – The government will base its efforts on achieving this vision on the concept of i. Kapa Elihlumayo - Hope, Delivery and Dignity.

Education vision 2020 (Continues) 4 The Premier has identified five key pillars that will support the WCPG’s efforts for the next decade: – The battle against HIV/AIDS and other health challenges – Real economic growth and job creation – Excellence in education – Safety and security for our people and our environment – Fighting poverty through quality basic services and social delivery

Education vision 2020 (Continues) 4 The Education vision 2020 is based on the following strategic thrusts: – Administrative excellence – School effectiveness – i. Kapa Elihlumayo (Human capital development)

Education vision 2020 (Continues) 4 Vision – To build an education system that provides learners in the province with the knowledge, skills and attitudes that will enhance their national participation and global competitiveness; a system that will enable communities as a whole to manage their lives successfully and with dignity.

Education vision 2020 (Continues) 4 Mission – It remains unaltered, namely: – To ensure that all learners of the Western Cape acquire the knowledge, skills and values they need to lead fulfilling lives and to contribute to the development of the province and the country.

Labour Relations 4 Relevant legislation 4 Service conditions of employees 4 Leave 4 Grievances and disputes 4 Disciplinary codes and procedures 4 Organisational rights agreement 4 Time-off

Relevant legislation 4 All staff – The Constitution – Basic Conditions of Employment Act – Labour Relations Act – Promotion of Administrative Justice Act – Promotion of Access to Information Act – Skills Development Act – Employment Equity Act – Occupational Health and Safety Act

Relevant legislation (Continues) 4 All staff (Continues) – Compensation for Occupational Injuries and Diseases Act – Unemployment Insurance Act – Wage Act 4 Public Service staff – Public Service Act 4 CS educators – Employment of Educators Act

Relevant legislation (Continues) 4 Education specific – National Education Policy Act – South African Schools Act – Further Education and Training Act – Adult Basic Education and Training Act – Western Cape Provincial School Education Act – South African Qualifications Authority Act – Quality Assurance of General and Further Education and Training Act – South African Council for Educators Act

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

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

Grievances and disputes 4 Public Service staff – Legislation • Public Service Commission Act 4 CS educators – Legislation • Chapter H of PAM (EEA)

Definition of a grievance 4 PS staff – A dissatisfaction regarding an official act or omission by the employer which adversely affects an employee in the employment relationship, excluding an alleged unfair dismissal. 4 CS educators – 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.

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

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

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

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

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

The purpose of discipline 4 To support constructive labour relations in the public service. 4 To promote mutual respect between employees and the employer. 4 To ensure that managers and employees share a common understanding of misconduct and discipline.

The purpose of discipline (Continues) 4 To promote acceptable conduct. 4 To avert and correct unacceptable conduct. 4 To prevent arbitrary or discriminatory actions by managers toward employees.

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

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

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

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

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

Organisational rights agreement 4 Collective agreement – PSCBC Resolution 5 of 2002 4 Purpose of the agreement – Mutual understanding of rights and obligations. – Sound relations between management and employees. – Reduce conflict between role-players. – Mutual respect between role-players. – Labour peace. – Efficient public service.

Organisational rights agreement (Continues) 4 Scope of application: – – Employees Management Representatives Unions 4 Union has access to premises of the employer to: – Recruit members – Communicate with members – Serve the interest of members

Organisational rights agreement (Continues) 4 Meetings – Ordinary meetings • Take place in member’s own time. • May take place in working hours on condition: – Five hours per annum. – Not longer than 60 minutes. – Prior permission by management. – Must be in writing three days in advance. – Members get permission from supervisors.

Organisational rights agreement (Continues) 4 Meetings (Continues) – Emergency meetings • 48 hours notice. • Application to the institutional head. • Need for meeting must be motivated. • Notice period may be reduced by agreement. • If management refuse, IMLC will make a decision which will be final.

Organisational rights agreement (Continues) 4 Levels of collective bargaining: – Institutional level (IMLC) – Regional level (IMLC) – Departmental level (Bi-monthly) – Provincial level (PSBC)

Organisational rights agreement (Continues) 4 Functions of union members – Represent members at grievances and disciplinary meetings and hearings. – Monitor compliance with provisions of legislation. – Report any alleged contravention of workplace-related provisions. – Any other function agreed to by unions and management.

Time-off 4 CS educators – Common understanding 4 Legislation – Chapter G of PAM 4 3 Categories of time off – Collective bargaining – Organisational duties – Organisational activities

Time-off (Continues) 4 Time-off for collective bargaining purposes – Clause 3. 1 of Chapter G in the PAM provides for an entitlement of 1 additional school day for preparation, per meeting/event. – i. e. PSCBC, ELRC, PELRC • e. g. Council, Chamber meetings, task team meetings.

Time-off (Continues) 4 Time-off for organisational duties – Clause 3. 2 of Chapter G in the PAM provides for an entitlement of 12 school days per annum. – This is for representing members at: • Disciplinary /dispute hearings and retrenchment or redundancy proceedings. • Attending labour relations training by the union for elected representatives. • Attending, participating in and organising workplace forums and conferences.

Time-off (Continues) 4 Time-off for organisational activities – Clause 3. 3 of Chapter G in the PAM provides for an entitlement of 8 hours per annum. • i. e. Attending meetings at the workplace (school or office). • Meetings arranged by the FTSS at the workplace or by the union away from the workplace. • Elections. – i. e. AGM at branch, regional, provincial or national level. • Voting i. r. o. a lawful strike/industrial action.

General 4 Questions and answers – Open session

Presenter 4 Fritz Brand : (021) 467 -2368 4 Fax : (021) 425 -8612 4 E-mail : fbrand@pgwc. gov. za

4 Compiled by Fritz Brand