Western Cape Education Department

1. 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

2. 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

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

4. 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

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

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

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

8. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

9. DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

10. 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

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

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

13. 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

14. 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

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

16. PSCBCVOTE WEIGHTS DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

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

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

20. 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

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

22. 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 Disputes @ Conciliation level via CCMA • If Deadlock at Conciliation via Labour Court for adjudication • Facilitator • External Source DIRECTORATE: LABOUR RELATIONS - "KNOW YOUR RIGHTS" WORKSHOP

23. 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

24. 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

25. 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

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

27. 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

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

29. 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

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31. 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

32. 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

33. 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

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

35. 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

36. 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

37. 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

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

39. Protected vs Unprotected Strike • 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

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

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