In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Tuesday, 9 June 2020.
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It’s a good time for employees to familiarise themselves with section 189 retrenchment processes, says Solidarity’s Gideon du Plessis Gideon du Plessis, trade union Solidarity’s General Secretary, notes the good news that around eight million employees can return to work under Level 3, but says it also means that more employees will now have to face retrenchment processes. The National Treasury’s conservative prediction is that there may be 1,79 million job losses due to Covid-19. However, there will be thousands of employees who will be able to keep their jobs by adopting the right approach. Du Plessis advises that it’s important for any employee facing retrenchment to become familiar with section 189 of the Labour Relations Act, which sets out the retrenchment process. Cognisance must be taken of the obligations employers have and of the rights employees have. It would also be expedient to have a labour law expert or a trade union on one’s side. A good start is to thoroughly analyse the initial consultation notice and clarify uncertainties and irregularities and to then present alternatives to the employer Du Plessis says that affected employees must be truly open-minded to consider any realistic alternatives to retain a job, even if it means reduced remuneration or a transfer. Now is the time to hang on to a job because opportunities to find another job will become increasingly remote, he cautions. Questions, counter-arguments and suggestions should be submitted to the employer, preferably in writing, because then the employer must by law reply in writing. What is also important is not to manoeuvre oneself out of a retrenchment package by coming up with unrealistic demands and delaying tactics. When there is no alternative to retrenchment, it is essential to negotiate the best possible package that does not only include a cash payment. It is also advisable to involve a financial expert when deciding what to do with the severance pay and in exercising retirement fund options. Read Gideon du Plessis’ informative guide to retrenchment processes in full at SA Labour News. Read an edited Afrikaans version of his opinion piece at Netwerk24 (paywall access only)
In terms of new regulations, Covid-19-positive employees no longer need to test negative in order to resume work BL Premium reports that Department of Employment and Labour (DEL) has issued new regulations on Covid-19 that scrap the requirement that employees who have been diagnosed with the disease can only return to work after testing negative for the virus. It is hoped this move will alleviate pressure on the National Health Laboratory Service (NHLS) has been unable to keep up with demand for testing. The new directive on Covid-19 and health and safety in the workplace, which was published in the Government Gazette last week, says employees who have been diagnosed with Covid-19 can return to work after they have self-isolated for 14 days and undergone a medical evaluation confirming they are fit for duty. Employers are required to monitor the person after they return to work, and the employee is required to wear a surgical mask for 21 days from the date of diagnosis. A key change is that the regulations defer to Department of Health guidelines on Covid-19 for isolating, testing and assessing the risk of transmission to colleagues should a worker be diagnosed with the disease. The regulations also scrap the requirement that employers wash and iron cloth masks provided to workers, so shifting the onus for caring for masks to employees. The regulations, which emerged from discussions at Nedlac, also contain new provisions to protect employee’s rights to refuse to work in an environment that poses an "imminent and serious risk" of exposure to Covid-19. Trade union federation Cosatu welcomed the new regulations. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (paywall access only). Read too, Call for SA to change its virus-testing strategy to focus on health-care workers and patients admitted to hospitals, at BusinessLive. And also, Strategy shifts for less tests and more contact tracing, at SowetanLive Two Durban metro cops gunned down on way to work on Tuesday TimesLIVE reports that two Durban metro police officers, who were travelling to work in the same car, were gunned down near Hammarsdale on Tuesday morning. Metro police spokesperson Senior Superintendent Parboo Sewpersad said the two traffic wardens, aged 24 and 35, were stationed at the Durban beachfront. “This morning just after 5am, Durban metro police received a call-out for a shooting in Mpumalanga near Hammarsdale. They responded and on arrival found two members of the Durban metro police unit. Both had sustained multiple gunshot wounds. Both were deceased,” Sewpersad reported. He advised that the motive for the shooting had not yet been established. Read the full original of the report in the above regard by Nivashni Nair at TimesLIVE Other internet posting(s) in this news category
UIF’s dramatic improvement in capacity could just ‘temporary efficiency’ The Citizen reports that the Unemployment Insurance Fund (UIF) has so far paid out a total of R16.5 billion in Covid-19 relief funds. In the view of experts, that has been a dramatic improvement in capacity for a state agency that has, in the past few years, struggled to efficiently deliver services such as maternity leave benefits. But, University of the North West academic Andre Duvenhage believes this sense of efficient state social assistance machinery is “of temporary nature”. He commented that in times of a crisis affecting the population, particularly the poor, government could not afford to fail. “It is time to save face because there is a lot at stake. It also opens up major challenges because it is easy to spend money but it could be a huge challenge to generate that money. We will pay the price in the future,” Duvenhage said. This demonstrated how capacity was not the issue but rather a questions of will and ethics, he opined, adding that people should demand the same level of service post-Covid-19 and take no excuses. According to Solly Masilela, independent socioeconomic and political analyst, it would seem the government was only able to deliver under pressure in a chaotic or abnormal situation that conveniently suspended the procurement procedures. Read the full original of the report in the above regard by Sipho Mabena on page 3 of The Citizen of 9 June 2020 UIF/Ters payments improving, agreement signed on overtime, says Western Cape Master Builders Association Engineering News reports that the reopening of the entire construction industry on 1 June under Alert Level 3, instead of the initial suggestion of a staggered approach, caught many companies by surprise. Allen Bodill of the Master Builders Association for the Western Cape (MBAWC) explained: “Although the return to work was universally welcomed, the speed at which it happened meant many companies had to go into overdrive in order to prepare to reopen and to tackle some challenges as a result of lockdown. For example, securing the necessary personal protection equipment and implementing required safety measures was a challenge considering the financial losses construction businesses had suffered during lockdown.” But, there has been progress in terms of Unemployment Insurance Fund (UIF) – Temporary Employer/Employee Relief Scheme (Ters) payments, following a struggle to secure this money. “The MBAWC has been working with the Western Cape government’s Red Tape Reduction Unit to try and unlock the issues holding up payments. We now have a direct line with senior officials at the department and are working on getting each member’s file sorted out and processed,” Bodill reported. The MBAWC, MBA Boland and the trade unions at the Building Industry Bargaining Council have also reached an agreement on overtime, which provides for additional hours to be worked without incurring overtime rates. “It is a big concession for the industry, and provides a win-win situation,” Bodill commented. Read the full original of the report in the above regard at Engineering News
Attendance of 85% at Gauteng schools on Monday, with 39 Covid-19 cases reported TimesLIVE reports that according to the Gauteng Department of Education, eleven Gauteng schools were unable to reopen on Monday, while the majority of schools in the province reopened successfully. “This serves to confirm that Gauteng recorded an 85% attendance of learners and educators for the first day of the reopening of schools,” said the department's Steve Mabona. He said most of the schools that did not reopen had had infrastructure issues, which were being addressed. In some cases, principals closed schools unilaterally due to misunderstandings regarding the availability of scanners or screeners. Some of the challenges experienced included a number of teachers testing positive for Covid-19 and some not reporting for duty on purpose, while others stayed away due to underlying illnesses. “On comorbidities, we have noticed some absence of educators last week and today, due to having underlying conditions. We appeal to all to please comply with the guidelines in this regard, and to contact the school principal and district for clarity on whether your application is approved. But don't just stay away,” Mabona said. He went on to indicate: “Currently we have recorded 39 Covid-19 positive cases, from 38 schools, and 38 cases under investigation.” In the main, those cases arose before schools reopened for teachers. Read the full original of the report in the above regard by Nonkululeko Njilo at TimesLIVE. Read too, Some staff and pupils at Pretoria private school quarantined after testing positive for Covid-19, at HeraldLIVE
Minerals Council rebuts “wrong perception” that SA mines form epicentre for Covid-19 infections Miningmx reports that the Minerals Council SA (MCSA) on Tuesday stated that mining was not an epicentre of Covid-19 infections. It said that the higher proportion of infections in the sector compared to the population was a function of its vigorous screening, testing and contract tracing regime. According to the MCSA, media and government official statements have created the wrong perception of the sector because if the same intensity of testing had been implemented across society, the country’s infection rate would be higher. “In essence, if the rest of the population were being scanned and, if necessary, tested at the same intensity as mining, there would be a sharp rise in reported cases in other parts of the economy and society,” the council said in a statement. SA’s mining sector has reported one death from Covid-19 out of 679 reported cases. There have been 48,285 reported cases of the disease in SA and some 998 deaths. Reports of ‘clusters’ of infections, such as the 19 employees identified at Impala Platinum’s Marula mine and 196 cases at AngloGold Ashanti’s Mponeng mine, have also apparently contributed towards the impression of elevated levels of Covid-19 in the industry. But, from an epidemiological perspective, these clusters were no different from trends seen in other workplaces and in particular communities, according to the MCSA. Read the full original of the report in the above regard by David McKay at Miningmx. Read too, Minerals Council calls out 'misleading' Covid-19 claims, at Mining Weekly
In precedent-setting judgment, pay dispute goes restaurant employees’ way The Star reports that in a precedent-setting judgment, a Johannesburg-based restaurant company that claimed it had no obligation to pay employees’ salaries due to the Covid-19 lockdown, has been placed under business rescue. The Mezepoli group was taken to the South Gauteng High Court last week after an urgent application was brought on behalf of its workers. The defence of two of Mezepoli’s directors, Francois Froneman and Elpida Haitas, was that as a result of the national lockdown, force majeure excused the company from its obligations to employees and other creditors. The application brought on behalf of the 158 workers pushed for business rescue because that would guarantee payment of their salaries for at least 14 months. Froneman and Elpida last paid salaries to the 158 workers on 28 March. Judge Sharise Weiner found against the Mezepoli companies. “Force majeure cannot be relied upon by the respondent companies as a defence to their obligations owed to their employees,” she indicated. Weiner also said it was “extremely concerning” that Mezepoli had paid over R7.4 million as dividend to a trust that controlled it. Read the original of the report in the above regard by Bongani Nkosi on page 4 of The Star of 9 June 2020 SAA creditors vote to extend business rescue plan publication date yet again Engineering News reports that the majority of SA Airways’ (SAA’s) creditors voted on Monday to postpone the publication of the business rescue plan for the state-owned airline until 15 June. This was the fifth extension of the publication date. The vote was requested by the SAA business rescue practitioners (BRPs), who called the vote in response to a request from the trade unions representing the majority of SAA’s personnel, namely the National Union of Metalworkers of SA, the SA Cabin Crew Association and the SAA Pilots Association. The law firm representing the three unions had written to the BRPs objecting to the publication of the business rescue plan on 8 June, namely before any consultation in the Leadership Compact Forum (LCF) established by the Department of Public Enterprises would have taken place. The BRPs said they would do everything possible to limit the negative impact of the extension of the publication date and gave the assurance that the extension would not stop them “from taking the necessary steps to progress SAA’s business rescue” and that they would “continue taking proactive steps in light of the current crisis to conserve cash in SAA and to protect the interests of SAA.” Read the full original of the report in the above regard at Engineering News. Read too, Pros and cons of either privatising SAA or keeping it state-owned, on page 6 of The Citizen of 9 June 2020 Other internet posting(s) in this news category
Some 1,000 jobs at Agricultural Research Council in jeopardy, and so food security, warns Solidarity Trade union Solidarity announced on Tuesday that it was in talks with the Agricultural Research Council (ARC) about impending retrenchments that could pose a direct threat to SA’s food security. This was indicated after Solidarity received a letter indicating that ARC was considering retrenching approximately 1,000 of its employees. Peirru Marx, sector coordinator at Solidarity, commented: “It is perturbing that ARC is prepared to retrench skilled employees and by doing this to jeopardise the entire country’s food security. What is even more alarming is that these retrenchments are on the table in the midst of a crisis that is already posing a threat to food security and access to food.” Solidarity has indicated that it would enter into talks with ARC to find the best possible solution to the situation. But, while a turnaround strategy has already submitted to ARC by the union, it has apparently been met with little interest. According to Solidarity, it cannot deny the need for restructuring, but said it could not support the retrenchment of some 1,000 employees. “We will engage with ARC to find the best possible solution. We are serious when it comes to job security and food security,” said Marx. Read Solidarity’s press statement at Polity
Minibus taxi fare hike of 172% to be reviewed, says Santaco BusinessLive reports that the controversial decision by Gauteng minibus taxi associations to increase fares by more than 170% is to be reviewed, according to the SA National Taxi Council (Santaco). This was said after the Alexandra, Randburg, Midrand and Sandton Taxi Association (Armsta) and the Alexandra Taxi Association (ATA) announced hefty increases across the board, effective from 15 June. A single taxi trip from Alexandra to neighbouring Sandton currently costs R11, but from next Monday is due to jump to R30, representing a 172% increase. The two associations blamed the mark-up on the Covid-19 regulations, which reduced the number of passengers per trip to 70% of the licensed capacity to allow for social distancing, and on a price increase in auto spares and fuel. The decision sparked an outcry from commuters. On Monday, Santaco spokesperson Thabiso Molelekwa said that while they understood the predicament the taxi industry found itself in, they were concerned about how ATA and Armsta had arrived at the increase. “A national leadership meeting is going to be held sometime later this week to discuss this issue, among others. An appropriate decision will be taken as to what the increase should be,” he advised. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive Tough times ahead for commuters as more Johannesburg taxi associations plan to hike fares SowetanLive reports that tough times lie ahead for commuters in Johannesburg after 76 taxi associations said they were too were planning to hike their prices in an effort to recover losses incurred during the national Covid-19 lockdown. At the weekend, the Alexandra Taxi Association (ATA) and Alexandra-Randburg-Midrand-Sandton Taxi Association (Armsta) announced fare increases to R30 across the board, which translates to a more than 170% hike for a single trip between Sandton and Alexandra. For someone travelling between Alexandra and Johannesburg inner city, the increase will be 130.7%. The new fares are expected to kick in on 15 June. Taxi associations determine fares on their own and the government is not part of the process. On Monday, SA National Taxi Council (Santaco) Greater Johannesburg indicated that 76 other taxi associations affiliated to Santaco and Top Six would also be hiking their fares on 15 June. After learning of the hike by Armsta and ATA, transport minister Fikile Mbalula said on Sunday that he was aware of the losses the industry had endured in the lockdown and said he was working on a plan for their relief. He further threatened to report the exorbitant hike to the Competition Commission. Meanwhile, Santaco in Gauteng was scheduled to meet with Armsta and ATA on Tuesday to discuss their fare hikes. Read the full original of the report in the above regard by Penwell Dlamini at SowetanLive. Read too, Joburg taxi fare hikes worsen, on page 2 of The Star of 9 June 2020 Other internet posting(s) in this news category
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