In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Thursday, 26 July 2018.
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ConCourt ruling on Thursday a blow to labour brokers IOL News reports that labour unions are celebrating a Constitutional Court (ConCourt) judgment on Thursday that ruled in their favour regarding the status of labour brokers in employment contracts. The case involved the interpretation of section 198A(3)(b) of the Labour Relations Act (LRA) and whether the section stipulated a “dual employment relationship” between an employee, the company and the labour broker or a “sole employment relationship” between the worker and the company once a period of three months had elapsed. The ConCourt ruled that for the first three months of a placement, the labour broker was the employer. After that period, the company where the employee had been placed by the labour broker became the “sole employer”. This means companies will be obliged to provide former temporary employees with permanent contracts if the initial three-month period is extended. The court said the legislation should be interpreted in the context of fair labour practices as laid down in the Constitution and the ultimate purpose of the LRA. The case was brought to the ConCourt on appeal by Assign Services and respondents included the National Union of Metalworkers SA (Numsa). This short report by Zintle Mahlati is at IOL News. Read too, ConCourt ruling deals a blow to labour brokers, at Timeslive. And also, Numsa wins ConCourt battle against labour brokers, at The Citizen Other internet posting(s) in this news category
Taxi driver who knocked down and punched JMPD cop on attempted murder charge The Star reports that the taxi driver arrested for allegedly knocking down a Johannesburg Metro Police Department (JMPD) traffic officer and assaulting her now faces a more serious charge. Khulani Dludlu appeared briefly in the Magistrate’s Court on Wednesday and faces a charge of attempted murder. The National Prosecuting Authority (NPA) had initially charged him with assault with intent to do grievous bodily harm following the brutal attack in Houghton, Joburg, on Friday. “We decided to change the charges after we received more information on the case and following further investigations,” said a NPA spokesperson. Officer Nompumelelo Salley was on duty with her colleagues when she stopped a minibus and Dludlu allegedly started swearing at her. “When the officer turned her back to direct traffic, the taxi driver accelerated and smashed into the officer,” said JMPD Chief Superintendent Wayne Minnaar at the time. Dludlu was arrested, but not before he and other taxi drivers intimidated traffic officers at the scene. He is currently out on R1,000 bail and is expected to appear in court again next month. Read this report by Sibongile Mashaba in full at The Star. Read too, JMPD warns it won't tolerate attacks on personnel, at EWN
‘Ball back in unions’ court’ gold producers assert after unions reject their wage offer Miningmx reports that gold producers said the “ball was back in the unions’ court” after a three-year wage increase offer ranging between 5.5% and 6.5% for lower category employees was rejected on Wednesday. “By definition, negotiation is a process of give and take – a two-way street,” said Motsamai Motlhamme, chief negotiator at the Minerals Council (previously known as the Chamber of Mines), which is representing AngloGold Ashanti, Harmony Gold, Village Main and Sibanye-Stillwater in the gold wage negotiations. He asked the unions to consider “the gold industry’s precarious position and economic realities.” All four unions involved in the discussions – the National Union of Mineworkers (NUM), the Association of Mineworkers & Construction Union (Amcu), Solidarity and Uasa – rejected the council’s opening offer, which ranged from 5.5% to 6.5% for Category 4 underground employees, and 3% to 4.5% for miners and artisans, and officials. The NUM in May tabled an annual wage increase demand of between 15% and 18.5%, while in June Amcu asked for basic wages of R12,500 per month for its gold industry members. Read this report by David McKay in full at Miningmx. Read too, Mineworker unions reject gold producers’ latest wage offer, at The Citizen. And also, Gold producers urge unions to narrow demands, at Moneyweb Minerals Council grilled at wage talks over gold mining statistics, low wage increase offers Mining Weekly reports that the third round of gold mining sector wage negotiations took place on Wednesday, at which the Minerals Council SA (MCSA) was peppered with questions by unions seeking to gain clarity about feedback on their demands. The MCSA (previously known as the Chamber of Mines) was representing AngloGold Ashanti, Harmony, Sibanye-Stillwater and Village Main Reef, while employees were represented by Solidarity, the National Union of Mineworkers (NUM and the Association of Mineworkers and Construction Union (Amcu). Solidarity general secretary Gideon du Plessis reported that the queries related especially to the low opening offers made at the previous round of talks. The MCSA was further requested to put an end to its “tendency to provide erratic statistics since this merely creates distrust about the integrity of its figures, which almost led to the derailment of negotiations previously in 2015”. The various mining houses made presentations regarding their financial situations. Chief gold negotiator Motsamai Motlhamme urged the unions to narrow their demands, particularly non-wage demands, so that the producers could focus on improving wages "within the context of affordability". Negotiations will resume on 1 August Read this report in full at Mining Weekly. Read Solidarity’s press statement at Solidarity News Limpopo mine accused of reneging on promise to assist with funerals of miners who died in fire Sowetan reports that relatives of workers who perished in a Limpopo copper mine last week have accused the company of leaving them in debt, after it did not pay for funeral costs as it had apparently promised. They said they had to foot the burial costs despite a promise by the company to do so. Six miners died at Palabora Mining Company in Phalaborwa after an underground conveyor belt caught fire on 15 July. Preliminary investigations revealed that the fire suppression system was not functional at the time of incident. During the dead miners’ memorial service last week, trade union representatives called on the mine to pay 100% of the funeral costs. According to Phillip Ntivane of the Association of Mineworkers and Construction Union (Amcu), the company only contributed R30,000 to each of the families, which money was sourced from the funeral cover the employees had with the company. “As of now we are still unsure about the details of the contribution the company had made to the families but we will conduct an investigation,” Ntivane said. Jerry Malatji, the brother of deceased miner Elliot Maake, said they had been left with a huge burden after incurring debts towards the funeral, even though they had been assured by the mine that they would be assisted with costs. A spokeswoman for the mine appealed to the families “to engage with us in private spaces if there is anything that they might be feeling aggrieved about.” Read more of this Sowetan report by Frank Maponya at SA Labour News 644 workers rescued on after fire on Wednesday at Gold One’s Modder East mine Mining Weekly reports that an early morning rescue operation on Wednesday saw 644 miners, who were underground when a fire broke out at Gold One’s Modder East operations, brought to the surface. All the employees evacuated to the mine's refuge bays from where they were rescued. Mineral Resources Minister Gwede Mantashe commended the successful rescue operation, saying: “We commend all the rescue teams involved, as well as the mine employees and management, for their swift action in ensuring that we avert a potential disaster. We reiterate our call to mining companies to prioritise the safety of mineworkers, and to ensure that everyone adheres to the guidelines provided for safety at the mines.” This short report is at Mining Weekly. See too, Mantashe hails rescue of over 600 miners after fire at Gold One mine, at EWN
With wage talks deadlocked on Thursday, Gautrain strike on Monday still on the cards EWN reports that according to Bombela, the operator of Gautrain, a deadlock in wage negotiations might affect its services, with workers threatening to go on strike from Monday. Apparently the United National Transport Union (Untu) has rejected both of Bombela's offers, which include a wage increase of up to 8.5%. But Untu is allegedly demanding a 10% increase, a housing allowance increase and bonuses, amongst other items. Gautrain's Kesagee Nayager said: "In the event of a strike, the bus and midibus services should not be impacted and we will try our best to implement a reduced train service, but this will, of course, depend on the available resources. Passengers will be informed accordingly over the course of the weekend." This short report by Tshegofatso Mathe is at EWN
No bonuses, no deal, says Numsa as Eskom wage negotiations remain unresolved EWN reports that the National Union of Metalworkers of SA (Numsa) says its members view Eskom’s decision to not pay bonuses as a declaration of war and a deal breaker in the ongoing wage negotiations. Eskom indicated at the weekend that it would not be able to pay bonuses because of financial limitations. The power utility indicated that it had informed unions of its position on the matter, even as the National Union of Mineworkers (NUM), Solidarity and Numsa continued deliberations with their members on the two wage options Eskom has put on the table. The parties have been in talks for weeks, with unions demanding increases above 8%, while Eskom hovers around the 7% mark. NUM spokesperson Livhuwani Mamburu told 702's Karima Brown on Wednesday that their members would not budge from the demand for a deal that included bonuses. A short report by Sifiso Zulu is at EWN
Launch of government’s new recruitment scheme for unemployed graduates gets mixed reactions BusinessLive reports that a new government recruitment scheme, launched on Wednesday, was met with mixed reactions from the unemployed graduates supposed to benefit from it. The Public Service Graduate Recruitment Scheme‚ launched by Public Service and Administration Minister Ayanda Dlodlo at the University of Johannesburg (UJ)‚ is the government’s response to resolving the problem of unemployed graduates. But not everyone was convinced following Dlodlo’s address, with some saying they were left with more questions than answers. Dlodlo told the audience that the scheme was a response to curbing the high levels of graduate unemployment in SA, with some welcoming the initiative. But, she left promptly after giving her address and did not take questions from the audience, committing instead to availing the information about the scheme online so it could be accessed by as many graduates as possible. Some graduates who were present were not convinced the scheme would improve graduates’ chances of getting full-time employment. Read this report by Nonkululeko Njilo in full at BusinessLive. Read the address given by the Minister at the launch at DPSA News
Mass retrenchments needed at Eskom, says DA’s Michael Bagraim In a short letter to the editor, MP Michael Bagraim, who is the Democratic Alliance’s (DA’s) labour spokesman, writes bluntly that Eskom should embark on mass retrenchments. He points out that Eskom is “grossly overstaffed”, with the World Bank saying that the overstaffing is almost 60% overstaffed, and says that mass retrenchments are required “to correct this very serious imbalance of staffing.” The letter has provoked reactions on social media. Read Bagraim’s letter at BusinessLive
Public sector unions welcome Nene’s announcement of probe into PIC The Star reports that public sector unions have welcomed the institution by Finance Minister Nhlanhla Nene of an independent investigation into the affairs of the Public Investment Corporation (PIC). On Wednesday, the Public Servants Association (PSA) said the probe was the only way to deal with allegations at the PIC and clear some of the misconceptions plaguing the crucial organisation. PSA deputy general manager Tahir Maepa said the investigation would pave the way for the PIC, which manages public funds and assets in excess of R1.9 trillion, to be able to continue with its work. Cosatu spokesperson Sizwe Pamla said an independent inquiry was a good step, but maintained that what was happening at the PIC was a fight between elites over workers’ money. “We are interested in (finding out) who has been doing what,” Pamla said. Earlier this week, the labour federation said it was consulting with its affiliates regarding attempts to remove PIC chief executive Dan Matjila. Nene announced on Wednesday that he had met with and had informed the PIC’s board of directors that he was instituting an inquiry and a forensic investigation into the body’s affairs and the allegations against some executives. Nene, who did not specify which executives were being probed, said the move was aimed at looking into “governance issues” at the PIC. Matjila has been embroiled in controversy for months. Read more of this The Star report by Sibongile Mashaba & Bongani Nkosi at SA Labour News
Another Metrorail train on fire in Cape Town on Thursday, bringing the total to five this year News24Wire reports that in the fifth such incident in Cape Town this year, another Metrorail train was in flames in Cape Town on Thursday. Fire spokesperson Theo Layne said that three train carriages were on fire at Retreat railway station and that they were waiting for a technician to arrive to isolate electricity before the fire could be extinguished. Fourteen firefighters had been sent to control the fire. Retreat is south of Cape Town's CBD and is near Muizenberg. Thursday's incident follows one at Cape Town main railway station on Saturday, when a number of were burnt and the platforms' cabling was damaged, amounting to a loss of at least R30-million. Nobody was injured on Saturday and the cause of that fire is still being established. Read this report in full at Engineering News. And also, Call for quicker prosecution after another Cape Town train goes up in flames, at Timeslive
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