Today's Labour News

newsThis news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.

news shutterstockIn our roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 9 November 2018.


TOP STORY – LABOUR BROKERS

Labour broker workers won court battle, but are losing the war to get ‘deemed’ permanent

City Press reports that a potentially game-changing amendment to labour law, followed by a precedent-setting Constitutional Court case, have still not delivered the goods for labour broker workers.  They face a number of tactics by employers to avoid the cost implications of the so-called deeming provision raging from instantaneous retrenchments as soon as workers get “deemed” to be permanent workers to “equalising” their wages to that of previously nonexistent or more junior job categories.  Some companies are said to have brought in expensive lawyers to negotiate very unfavourable contracts with unrepresented workers.  After dozens of cases involving thousands of workers, the outcomes for workers are “poor”, said Bhavna Ramji, an attorney at the Casual Workers’ Advice Office.  The NGO has been helping labour broker workers at a number of well-known companies make use of the new “deeming” provision inserted in the Labour Relations Act in 2015.  This provision deems a labour broker worker who has worked for a client for more than three months to be an employee of the client.  This was accompanied by an “equalisation” provision allowing the deemed workers to insist on the same remuneration as the client’s pre-existing employees.  But employers have found ways around the impact of both provisions, Ramji said.  Loopholes in the law are part of the problem, but the lack of organisation and bargaining clout among the largely un-unionised labour broker workforce is also contributing to constant semi-victories for brokered workers.  This informative report goes on to examine recent cases illustrating the problem.

Read the full original of this report by Dewald van Rensburg at City Press


OCCUPATIONAL HEALTH & SAFETY

Death of officer in Polokwane raises number of cops killed since April to 42

News24 reported on Friday that another police officer had been shot dead, this time in Ladanna outside Polokwane.  Constable Petrus Gerhardus de Lange, 30, was on duty on Thursday night when he was accosted by unknown men in two vehicles.  He was in a vehicle observing trucks at a parking station for possible drug dealings when the suspects started shooting at him and a community policing forum (CPF) member who was accompanying him.  The two returned fire.  De Lange was hit and died from his injuries on the way to hospital.  The CPF member was unharmed.  The motive for the killing is unknown.  National police commissioner General Khehla Sitole condemned the killing and ordered that a 72-hour activation plan be mobilised to identify and arrest those responsible.  "We have lost 42 police officers at the hands of criminals since the start of this financial year alone," Sitole indicated.  Eighteen of the officers were killed while on duty and the remaining 24 were killed off-duty.

Read the original of this report by Pelane Phakgadi at News24

Four seriously injured in chemical explosion on Thursday at Boksburg factory

News24 reports that four people were injured on Thursday afternoon following an explosion at a chemical factory in Main Rain Reef Road in Boksburg.  Ekurhuleni Emergency Services (EES) spokesperson William Ntladi said one patient, who had been seriously burnt in the face, head and neck, was taken to Glenwood hospital for treatment, while three others were also taken for treatment for serious body burns and smoke inhalation.  Ntladi indicated that they had not yet established what had caused the chemicals to explode, but that would be investigated by the relevant authorities.  He went on to say that sulphuric acid, hydrochloric acid and many other substances were in the area and could have caused the explosion.  Parts of the factory were completely destroyed.

Read the full original report by Sesona Ngqakamba and view a short video at News24

Auditor-General briefs Parliament on death threats, intimidation of auditing staff

EWN reports that the Auditor-General, Kimi Makwetu, has briefed Parliament on death threats and intimidation faced by his auditors in various municipalities.  The briefing following a number of recent incidents.  Makwetu said one incident that shocked him was the attack on one of his employees at the Emfuleni Local Municipality in Gauteng.  “In the early hours of the morning on that Friday, we encountered intruders in that guesthouse where she was booked as we normally use these facilities from time to time, and so she was shot and had to be admitted to hospital,” he related.  Chairperson of the Standing Committee on the Auditor-General, Nthabiseng Khunou, said it could not be that auditors were intimidated and she called for greater action by law enforcement.  “I think that should be the message out there that whatever is happening, has to come to an end and we hope as the police are here, they’re going to give us solutions,” Khunou said

Read the full original report Babalo Ndenze at EWN

Other internet posting(s) in this news category

  • Gauteng traffic officer shot, husband killed in home invasion, at News24
  • Nzimande attends funeral of traffic cop slain at his Greytown office, calls for swift action, at News24
  • Truck driver hailed a hero for pulling over as heart attack struck, at News24


MINING LABOUR

No resolution to NUM strike over job losses at Gold Fields’ South Deep mine

City Press reports that more than 1,500 mine workers at Gold Fields’ South Deep mine on the West Rand could spend the festive season with no work after talks between the National Union of Mineworkers (NUM) and the mine deadlocked.  The mine announced in August it would be retrenching 1,102 permanent workers and 460 contractors.  Having undergone the procedural consultation processes, the parties failed to agree on a way forward and it now seems unavoidable that jobs will be lost.  When the mine issued severance notices two weeks ago, the unions announced a strike, which started two days later.  Last week tension erupted and two buildings were burnt down, while there were accusations of assaults on workers trying to go to work.  Mine spokesperson Sven Lunsche said that last Sunday a group of protesters attacked a protection services light-armoured vehicle transporting security employees.  “The strike action is purportedly taking place to head off the retrenchments.  “If the strike is prolonged, it will put the remaining 3,500 jobs at South Deep at risk,” Lunsche said, adding that before the strike the mine was losing R3 million a day.  NUM branch chairperson Kanetso Matabane denied that the union was responsible for the violence.  He claimed that management was not interested in minimising the number of retrenchments, saying that:  “They came with the decision taken already.  They consulted in bad faith.”  The union has proposed that the number of contractors be minimised and overtime be managed.

Read the full original of the report by Lesetja Malope at City Press

Gold Fields cuts output forecast as South Deep is hit by strike against retrenchments

Bloomberg reports that Gold Fields has lowered its 2018 output forecasts after workers at its South Deep mine embarked on a strike protesting the producer’s plans to cut jobs as part of a restructuring, the company indicated in a statement on Friday.  Gold Fields’ plan to cut more than 1,500 jobs to restructure the struggling gold mine met with opposition after workers embarked on a crippling strike on 2 November.  They had already started a go-slow before the company announced a plan to restructure the mine.  South Deep production is now forecast at 154,000 ounces this year from 244,000 ounces, “assuming that the strike continues until the end of November with the consequence of no further production from November onwards”.  Gold Fields initially aimed to produce 321,000 ounces from South Deep in 2018.  The producer has constantly revised downwards output targets at South Deep, the world’s second-largest gold deposit.

Read the full original of this report by Felix Njini at Fin24. Read Gold Fields’ operating update at Moneyweb

Move to renewable energy puts 100,000 coal jobs on the line over next decade

City Press reports that the predicted loss of about 100,000 jobs in the coal sector over the next decade due to the shift from fossil fuels to renewable energy has raised the spectre of ghost towns and destroyed communities, particularly in Mpumalanga.  Although these jobs will be balanced by the growth of the gas and renewable energy sector as SA shifts its energy mix in line with the new draft Integrated Resource Plan (IRP), the renewable energy projects will be predominantly situated in the Western and Northern Cape, far from the coal belts.  The draft IRP sees the share of coal-generated electricity declining between 2020 and 2030 as coal power plants are decommissioned, while the share of renewables and gas increases.  At the annual Windaba wind energy conference in Cape Town last week, Eskom shop steward for the National Union of Mineworkers (NUM), Khangela Baloyi, said it was “clear” that jobs would be lost at Eskom and at the coal mines, as well as in transport and other sectors of the coal supply chain.  He said the union accepted this, but a “just and fair transition” was needed for workers.  He noted that jobs might be created in the renewable energy sector, “but are they the same quality as those in Eskom and the coal mines, and are they sustainable or just for the construction phase?”  A further problem was that jobs would be “destroyed” in places such as the Komati or Hendrina power stations in Mpumalanga, while the jobs that were being created were in the Northern Cape.  “What are you doing to the community where you destroyed jobs?  There will be ghost towns with no economic activity,” Baloyi said.

Read the full original of the report Steve Kretzmann at City Press

Two persons believed to be illegal miners found dead in field in Krugersdorp

News24 reports that two people believed to have been working as zama zamas (illegal miners) were found dead in Krugersdorp on Friday.  According to police spokesperson Sergeant Tshepiso Mashele, the bodies were found in an open field behind Makulugama informal settlement at approximately 12:00.  Mashele said the two had been shot multiple times.  "The deceased were identified by a friend.  They both [come] from Secunda in the Mpumalanga province," he indicated.  Mashele said no arrests had yet been made.

A short report by Sesona Ngqakamba is at News24


PROTESTS / MARCHES / CAMPAIGNS

Unions demand no retrenchments during pickets outside SABC offices on Friday

News24 reports that the SA Broadcasting Corporation (SABC) has committed to "continued interactions" with organised labour, facilitated by the Commission for Conciliation, Mediation and Arbitration (CCMA), as it forges ahead with its plans to retrench employees.  Unions representing staff at the public broadcaster picketed outside its offices throughout the country on Friday and submitted a memorandum, demanding that the SABC stop its planned staff cuts.  In a statement on Friday, the broadcaster said it "noted the peaceful picketing which took place at its various offices around the country by unions" and said it would engage with unions in a meeting scheduled for Tuesday, 13 November 2018.  The unions slammed the SABC's restructuring plans and demanded at Friday's demonstration that it should find alternative ways of generating revenue and keeping jobs.  Aubrey Tshabalala of the Communication Workers Union (CWU) warned that "retrenchments should not be on the table for any reason, but a new funding model for the SABC".  He also demanded that the broadcaster should respond to their grievances by 16 November or face "a full-blown strike" and a "shutdown of the SABC".

Read a short report by Pelane Phakgadi and view a video in this regard at News24. Read too, SABC threatened with shutdown over retrenchment notice, at News24. And also, Parliament's public accounts committee sends SABC packing, at BusinessLive

Numsa members march to demand that government saves Denel with bailout package

Business Report writes that hundreds of National Union of Metalworkers of SA (Numsa) members marched to the offices of the Department of Public Enterprises in Pretoria on Friday demanding that government save state-owned arms manufacturer Denel.  The union said it remained dismayed that no financial bailout package had been allocated to Denel, putting at risk thousands of jobs.  Noting that the company wanted to reduce working hours and cut salaries by 20%, Numsa spokesperson Phakamile Hlubi said:  "We reject this because it's not workers fault that Denel finds itself in this financial crisis.  It's because of poor decision making at the highest level, it's because of allegations of corruption and looting at the highest level."  Denel made a R1.7 billion loss during the last financial year.  The union wants the government to inject no less than R7 billion into the cash-strapped entity.

Read the full original report by Brenda Masilela at Business Report


EXECUTIVE PAY / WAGE GAP

Samwu condemns increase in municipal managers' salaries

News24 reports that the SA Municipal Workers' Union (Samwu) has slammed salary increases for municipal managers, saying that ordinary municipal workers were given "peanuts" in comparison.  "When municipal workers demand a fairer salary increment they are told that their demands are simply unaffordable.  Whereas those sitting in air-conditioned offices are swimming in pools of money.  Those who are subjected to rain, wind and sun daily are given peanuts," general secretary Simon Mathe said in a statement on Thursday.  On 8 November the salaries of city managers were gazetted.  They are set to receive an annual salary of R3.9m, while those who reported directly to them will receive more than R3m annually.  Mathe noted that these increases were gazetted in the same week that Extended Public Works Programme (EPWP) workers' salaries were increased by a mere R4.31 per day.  He said it did not make sense that a municipal manager could be remunerated 180 times more than the least paid employee in the sector.

Read the full original of this report by Canny Maphanga at News24. Read Samwu’s press statement in this regard at SA Labour News


BUSINESS RESCUE

Unpaid ex-VR Laser workers fight to stop payment of R29m to Bank of Baroda

City Press reports that the winding down of Gupta family company VR Laser was halted last week when former employees petitioned the business rescue practitioners to stop a R29 million payment to the Bank of Baroda.  The money was raised at a recent auction of VR Laser’s equipment, but the amount is not nearly enough to cover claims against the company, which was one of eight Gupta companies that voluntarily went into business rescue this year.  Bank of Baroda is the only secured creditor and has a claim of R33 million against VR Laser.  Former employees, however, collectively have a recognised claim of roughly R35 million for unpaid salaries and separation packages.  A campaign by former employees was launched last week to stop the payout to Bank of Baroda based on the argument that their claim outranked that of the bank. Rescue practitioner Kurt Knoop wrote to interested parties saying that the rescue practitioners “are therefore not in a position to release any funds until the impasse is either resolved in writing between the employees and the Bank of Baroda, or if a declaratory order is received”.  In an email to the rescue practitioners last week, Oakbay Group’s HR director André Oldknow said that there was a “growing groundswell” of former VR Laser employees who wanted to challenge the ranking of Bank of Baroda’s claim above their own.

Read the full original report by Dewald van Rensburg at City Press


TRANSFORMATION IN BASIC EDUCATION

Rustenburg Girls alumni to meet headmistress after resignation of only black teacher

News24 reports that a group of alumni from Rustenburg Girls' Junior School have been invited by the headmistress to a meeting to discuss their concerns about transformation following the controversial departure of the school's first black full-time teacher.  A letter was sent to the school by the group of alumni in which they said they were "astounded" that it had taken the school until 2018 to appoint its first black teacher, Nozipho Mthembu, who controversially left in September.  They were also horrified that a child could ask if a black teacher was a "real teacher", as reported by the Mail & Guardian, which covered Mthembu's departure.  Mthembu said she was forced to resign after a fraught period in which her abilities were questioned.  School headmistress, Di Berry, has written back and invited the alumni to visit the school at any time to discuss their concerns.  The parents will in the meantime apparently meet to plan clear strategies for the way forward.  "We are encouraged by the tremendous support we have received by a number of other schools, as well as civil society groups.  We are also encouraged by the position adopted by the principal of Rustenburg Girls' High – where instead of denying and resisting change, he is prepared to listen and act,” they commented.  Meanwhile amid criticism, the basic education department said it employed teachers in line with employment equity laws.

Read the full original of this report by Jenni Evans at News24


DISMISSALS / SUSPENSIONS

Suspended Denel Group CFO found guilty of all charges, axed with immediate effect

Fin24 reports that Denel has terminated the employment of its former Group Chief Financial Officer (GCFO) Odwa Mhlwana with immediate effect.  This was after he was found guilty of all disciplinary charges relating to irregular expenditure and failing to act in the best interests of the company.  Mhlwana had been on special leave pending a disciplinary process into allegations of misconduct earlier this year.  In a statement on Friday, the state-owned arms manufacturer said it had appointed Wim de Klerk, former CEO of ArcelorMittal SA, as acting GCFO.  A formal process will commence to recruit a permanent GCFO.  Denel also gave an update on the recruitment process for a new Group Chief Executive Officer following the resignation of Zwelakhe Ntshepe in May this year.  The recruitment process has apparently been completed and a recommendation has been made to the Minister of Public Enterprises.  "An announcement is expected to be made by mid December 2018 once Cabinet approves the appointment," Denel indicated.

Read the full original report by Marelise van der Merwe at Fin24


CORRUPTION / WORKPLACE CRIME

Security guard and six accomplices nabbed for cable theft at deadly Bank of Lisbon building

News24 reports that a security guard deployed to protect the Bank of Lisbon building in Johannesburg was one of seven people arrested in the early hours of Sunday for allegedly stealing electricity infrastructure.  The building in downtown Johannesburg, which housed a number of provincial government departments, bunt down two months ago, resulting in the deaths of three firefighters.  City Power spokesperson Isaac Mangena said security officers spotted a “suspicious” Hyundai truck near Helen Joseph Street and when they attempted to stop the vehicle, it sped off.  “The officers gave chase and the vehicle finally stopped around Braamfontein.  Seven suspects were arrested in possession of 48 meters of 120×4 core copper cable, two flat screen TVs and 136 circuit breakers,” Mangena indicated.  The suspects admitted that they had stolen the items at the Bank of Lisbon building.  The security officers were part of the teams deployed to protect the critical underground tunnels in the CBD that house valuable equipment including cables.  The tunnels are constantly targeted by criminals.

Read the full original of this report at News24


SEXUAL HARASSMENT / ABUSE

Lotus FM indicative of 'prevalent' culture of sexual harassment at SABC, claims ex-employee

News24 reports that according to a former staff member, a "culture" of sexual harassment, where men could "prey" on female staff members, has always been prevalent at Lotus FM.  This claim followed the release on Tuesday of a report of an independent commission of inquiry into sexual harassment at the SA Broadcasting Corporation (SABC).  The inquiry was established by the public broadcaster in June and Lotus FM was singled out in its report.  Most of the complaints received by the commission came from that station and from Channel Africa.  The report noted:  "There is a worrying history of gender-based violence cases from Lotus FM indicating a need for strong leadership."  In her new book, ‘Beaten But Not Broken’, former Lotus FM reporter and television journalist Vanessa Tedder laid bare the details of an abusive relationship which began at Lotus FM.  She described being physically and sexually assaulted on the station's premises.  Tedder believes staff members, even management, at the station knew what was going on and did nothing to stop it.  She said the environment at Lotus was filled with "toxic masculinity".  The main problem, she asserted, was that there were no repercussions for the perpetrators.  This was borne out by the commission's report, which noted that this was an issue across the SABC.

Read the full original report by Sarah Evans at News24. Read too, Commission shames affairs at revered Lotus FM, at Sunday Tribune


COMMUTING / TRANSPORT TO WORK

MyCiTi buses to be escorted by police to prevent further arson attacks

News24 reports that the City of Cape said on Wednesday that MyCiTi buses would be escorted by metro police and other city law enforcement officers to prevent further attacks.  This came after two buses were set alight last week.  It is still unclear who is behind the attacks, but they come amid a bus drivers’ strike.  On Tuesday morning, a bus was set alight at the Omuramba station in Milnerton.  There were no passengers on the bus and the driver managed to escape unharmed.  On Wednesday morning, another MyCiTi bus was torched at the Lindela bus stop in Khayelitsha.  Nobody was injured, but operations between Khayelitsha and the Cape Town CBD were suspended until further notice.  On 14 October, MyCiTi bus drivers embarked on an unprotected strike that has been marked by reports of intimidation and harassment.  They are demanding better pay and working conditions, as well as an end to the use of labour brokers.  The City has obtained an interdict to stop the striking drivers from intimidating, harassing or assaulting MyCiTi passengers or staff.  The SA Road Passenger Bargaining Council has been approached for assistance and a senior commissioner will facilitate negotiations, which will include the vehicle operating companies (VOCs) and the company managing the MyCiTi stations.

Read the full original report at News24

Other internet posting(s) in this news category

  • Man in Ndebele garb wants to sue Gautrain after he was barred from boarding train, at News24
  • eThekwini demands answers from service provider after buses run out of diesel, at The Citizen

 


Get other news reports at the SA Labour News home page