ELRC Annual Report 2012/13 Presentation to Parliament 10 October 2013

1. ELRC Annual Report 2012/13 Presentation to Parliament 10 October 2013 “Education as a fundamental service and the role of all stakeholders to ascertain labour peace in public education.”

2. Honourable members of the Education Portfolio Committee: Ms HH Malgas, Chairperson ANC Ms N Gina ANC Ms NW Madikizela-Mandela ANC Mr ZS Makhubele ANC Ms AC Mashishi ANC Ms FF Mushwana ANC Mr JJ Skosana ANC Mr K Moepeng ANC Mr C Moni ANC Mr DC Smiles DA Ms A Lovemore DA Ms L Adams COPE Mr W Madisha COPE Mr AM Mpontshane IFP Ms HS Msweli IFP Mr MH Hoosen ID Mr RB Bhoola MF Mr KJ Dikobo AZAPO

3. Table of Contents Section A Strategic Overview Strategic outcome oriented goals Legislative and Other Mandates Section B Service delivery environment Organisational environment Key policy developments Programme 1: Dispute Management Services Programme 1.2: Professional Development and Training Programme 2: Collective Bargaining Services – National Programme 2.1: Collective Bargaining Services – Provincial Programme 3: Executive Services Programme 4: Corporate Services Programme 5: Capital Expenditure Section C Annual Financial Statements Conclusion

4. Section A

5. Strategic Overview • Vision • To improve the quality of teaching and learning through labour peace. • Mission • Quality services for excellence in teaching. • Values • The ELRC has adopted the following values: • Professionalism: Promote behaviour that is generally accepted • to be correct and proper; • Transparency: Ensure access to information by citizens;

6. Strategic Overview (Cont.) • Independence: The right to making informed decisions • independently that minimise or avoid conflict of interest; • Accountability: Accepting responsibility for actions and decisions • taken with allowance for corrective action and penalty for wrong • doing; • Fairness and equity: Adjudication of grievances and disputes; • Social Responsibility: Respond to the social issues of the day; • and • Efficiency: Delivery of quality services economically.

7. Strategic Outcome Oriented Goals

8. Legislative and Other Mandates • Applicable Legislation • Labour Relations Act 66 of 1995 • Public Finance Management Act 1 of 1999 • Employment of Educators Act 76 of 1998 • Further Education and Training Colleges Amendment Act 3 of • 2012 • Other Mandates • Service Delivery Agreement of the Minister of Basic Education • Action Plan to 2014: Towards the realisation of schooling 2025

9. Section B: Performance Information

10. Service Delivery Environment EXCO Lekgotla held in December 2012 to improve performance FOCUS AREAS FOR 2013/14 Dispute Management Services Dispute Prevention and Facilitation- Proactive approach – a focus on prevention- Training of Panellists and Parties (emphasis on Dispute Resolution Practitioners)- Establishment of Dispute Prevention Committees / Task Team (all provincial chambers)Dispute Resolution- Emphasis on: “Appointments and Promotions”- Emphasis on: Special disputes involving a child as a victim

11. Service Delivery Environment (Cont.) FOCUS AREAS FOR 2013/14 Collective Bargaining Services Temporary Educators Incentives Conditions of service for ECD practitioners Research (RPL and ECD)

12. Organisational Environment FOCUS AREAS FOR 2013/14 Supply Chain Management (SCM) unit. Career and Succession Planning Strategy will be employed to ensure that existing skills are developed and new talent is cultivated. Challenge: Fixed income.

13. Key Policy Developments & Legislative Changes • Higher Education and Training Laws Amendment Act 25 of 2010 • FETC Amendment Act 3 of 2012 (Scope of the Council) • Future considerations • LRA Amendment Bill of 2012 • Basic Conditions of Employment Amendment Bill of 2013

14. Programme 1 Dispute Management Services

15. Dispute Management Services • Purpose: To manage disputes proactively (prevention and resolution) • Sub-programme: • Professional Training and Development • Strategic Objectives: • Provision of dispute resolution services • Resolution of special disputes • Prevention of disputes • Training and development services • Professional development and training

16. Dispute Management Services (Cont.) Performance Information

17. Dispute Management Services (Cont.)

18. Dispute Management Services (Cont.) • Referrals: • 673 disputes received • Predominantly related to ULP – Promotion and • Appointments • Jurisdiction: • Out of 673 referrals: • 395 (59%) in jurisdiction • 192 (29%) out of jurisdiction • 86 (12%) determination through condonation

19. Dispute Management Services (Cont.) Provincial Referrals

20. Dispute Management Services (Cont.) • Nature of disputes referred • Out of 673 disputes referred: • 193 (29%) ULP – Promotion and Appointments • 253 (38%) Alleged Unfair Dismissals • 97 (14%) Other ULP’s • 70 (10%) Interpretation of Collective Agreements • 42 (6%) Basic Conditions of Employment Act • enforcements • 17 (3%) Sexual offences involving a learner • 1 dispute of mutual interest

21. Dispute Management Services (Cont.) • Disputes by outcome • Out of 415 disputes finalised: • 161 arbitration awards • 69 settled at arbitration • 32 settled at conciliation • 81 withdrawn • 32 withdrawn at conciliation • 49 withdrawn at arbitration • 45 dismissed • 22 at arbitration • 23 at conciliation • 27 rulings

22. Dispute Management Services (Cont.) Labour Court Reviews

23. Dispute Management Services (Cont.) • Strategy to overcome areas of underperformance • Provision of practical training to DRS Practitioners. • Minimise postponements. • Encourage Panellists to enforce Clause 64.7 of the ELRC • constitution. • Appropriate venues for hearings where a child is a victim. • Intermediaries appointed to protect the Rights of a Child. • Increase panel of Conciliators, Arbitrators and Interpreters. • Non-compliance of Panellists will be monitored.

24. Programme 1.2 Professional Development and Training

25. Professional Development and Training • Purpose: • To improve the quality of Panellists and Dispute Practitioners. • Strategic Objective: • Improve qualifications of Dispute Resolution Practitioners.

26. Professional Development and Training (Cont.) Performance Information

27. Programme 2 Collective Bargaining Services: National

28. Collective Bargaining Services • Purpose: • To contribute to the Council’s vision of a strengthened • social contract between government, teacher unions • and civil society. • To promote the best possible fit between good • educational outcomes and a fair deal for the teaching • profession. • To promote collective bargaining at national and • provincial levels. • To promote respect for international conventions and labour • legislation in the management of collective bargaining. • To support and facilitate special initiatives and campaigns.

29. Collective Bargaining Services (Cont.) • Sub-programme: • Collective Bargaining (Provincial) • Strategic objectives: • Collective bargaining on matters of mutual interest in • public education. • Provision of facilitation services to support collective • bargaining at national and provincial levels; and • Research on teacher welfare and national • development issues.

30. Collective Bargaining Services (Cont.) Performance Information

31. Collective Bargaining Services (Cont.) • Overview • Collective Agreements concluded: • Collective Agreement 1 of 2012: Occupation Specific Dispensation (OSD) For Education Therapists, Counsellors And Psychologists Employed In Public Education. • Collective Agreement 1 of 2013: Vote Weights of Trade Unions that are parties to Council. • 5 Collective Agreements ratified (4 FETCBU and 1 Free State Chamber)

32. Collective Bargaining Services (Cont.) • Strategy to overcome areas of • underperformance • A Pre-Bargaining workshop is to be convened in 2013/14 to finalise the management plan on bargaining issues for approval by Council. • More emphasis to be placed on adherence to agreed time-frames as per the management plan.

33. Programme 2.1 Collective Bargaining Services: Provincial

34. Collective Bargaining Services: Provincial • Purpose: • To promote collective bargaining at provincial level.

35. Collective Bargaining Services: Provincial

36. Collective Bargaining Services: Provincial

37. Programme 3 Executive Services

38. Executive Services • Purpose: • Management of Council’s service; • Sound financial and risk management; • Sound corporate governance; • Build and maintain the corporate image of the ELRC. • Sub-programmes: • Facilitation Services; • Financial management, accounting and compliance services; and • Communication services.

39. Executive Services (Cont.) • Strategic Objectives: • Maintenance of labour peace; • Unqualified audit; • Develop and maintain internal communication; • Comply with the Promotion of Access to Information Act (PAIA) • and PFMA.

40. Executive Services (Cont.) Performance Information

41. Executive Services (Cont.)

42. Executive Services (Cont.) • Strategy to overcome areas of • underperformance • Communication Services • New marketing strategies for 2013/14: • Community newspapers • Radio stations (9 provinces) • Social media platforms • Improved website • Partnership with SOMAFCO Trust • New Negotiator and Labour Bulletin published on a quarterly • basis

43. Programme 4 Corporate Services

44. Corporate Services • Purpose: • To provide financial, human resource and administrative support. • Sub-programmes: • Financial Accounting; • Administration; and • Mobilising Employee Services

45. Corporate Services (Cont.) • Strategic Objectives: • Maintenance of financial and administrative systems • Procurement • Train and develop staff • Healthy and safe work environment • Maintenance of premises and security • Information technology and communication system

46. Corporate Services (Cont.) Performance Information:

47. Corporate Services (Cont.) Performance Information:

48. Corporate Services (Cont.) • Strategy to overcome areas of • underperformance • Lack of SCM unit hinders procurement function • Underperformance caused by slow process of filling vacant • positions • Vacant positions will be filled in 2013/14 financial year

49. Programme 5 Capital Expenditure

50. Capital Expenditure • Purpose: • To provide capital resources. • Strategic Objectives: • Manage property and assets • Procurement • Planned Target: • Building Refurbishment Project