news shutterstockIn our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Monday, 8 February 2021.


COVID-19 HEALTH & SAFETY

Minister and health expert affirm that healthcare workers will not be Covid-19 vaccine guinea pigs

TimesLIVE reports that healthcare workers would not be used as guinea pigs when SA rolls out its Covid-19 vaccination programme.  That was the message from one of the country’s leading scientists and president of the SA Medical Research Council (SAMRC), Prof Glenda Gray, and health minister, Zweli Mkhize, as the country gears itself for its biggest vaccination rollout.  After disappointing news on Sunday that the AstraZeneca vaccine that arrived in SA last week was not effective against mild to moderate disease caused by the dominant Covid-19 variant in SA, it has emerged that healthcare workers will from next week be vaccinated with the Johnson & Johnson (J&J) and Pfizer vaccines.  Mkhize said from next week the country expected to have the two vaccines, which had proved locally to protect against severe disease, hospitalisation and deaths related to the current variant.  He added that the AstraZeneca vaccine would remain in the country “until the scientists give us a clear indication what we need to do”.  Speaking at the same webinar as Mkhize, Gray also reassured medics.  “I agree with the minister that health workers are not guinea pigs. This is not an experiment. We know from our studies that the Ad26 (J&J) vaccine starts protection from day 14 and 28 days after vaccination will protect against hospitalisation, severe disease and death. We want to protect our health workers. We want them to be protected from severe disease, hospitalisation and death,” she stated.

Read the full original of the report in the above regard by Sipokazi Fokazi at TimesLIVE

Other internet posting(s) in this news category

  • 'In a queue to die': SA's nurses work in fear and exhaustion, at News24


MINING LABOUR

Mining sector to rely on education rather than heavy-handedness to ensure success of Covid-19 vaccination programme

BL Premium reports that the Minerals Council SA (MCSA) said last week that mining companies would rely on education rather than heavy handedness in persuading employees to be vaccinated against Covid-19.  Mining companies are among the leaders in SA’s private sector when it comes to dealing with the coronavirus pandemic by screening, testing and treating their workforce as they prepare for a R300m vaccination programme to reach 3-million people.  According to Dr Thuthula Balfour, the head of health at the MCSA (previously called the Chamber of Mines), a main facet of the education programme would be to debunk the myths and rumours about the dangers of the vaccine, encouraging employees to take the medication and keeping the workers safe.  Mining companies are working closely with unions to spread the message as well as relying on their comprehensive communication platforms to inform employees directly on the need to be vaccinated.  When it comes to dealing with employees resisting vaccinations, mining companies will have to balance individual rights to decline the medication against the broader health and safety regulations designed to ensure the health of all those working at a mine.  Lawyers had discussed the difficulties of navigating the regulations and individual choice when the government made clear nobody could be forced to have the vaccine, Balfour indicated.  “It’s more about education, as far as possible. We are not looking at dismissals as the first thing to do if a person doesn’t want to be vaccinated,” she stated.

Read the full original of the report in the above regard by Allan Seccombe at BusinessLive (paywall access only)


INDUSTRIAL ACTION / STRIKES

Animal feed plant in Cookhouse shut down by wage dispute, striking workers dismissed

GroundUp reports that about 25 workers at the Humansdorp Kooperasie in Cookhouse, Eastern Cape, have been dismissed after downing tools for over a week.  On Thursday, they apparently received notice of dismissal or the option of approaching the Commission for Conciliation, Mediation and Arbitration (CCMA) to give reasons why they should not be fired.  The strike started when seven of eight skilled workers, including forklift drivers and food mixers, complained that they were being paid the same wage as general workers.  Employee Mzwabantu Kuse explained:  “Since 2019 I have been working here as a general worker … Some of us earn R3,900 while others are paid R4,200 … We want transparency and to be paid according to our skills.”  Carlé Erasmus, spokesperson of the Humansdorp Kooperasie responded:  “The workers in question are paid as General Workers/Batch Operators of which they are fully aware and in agreement at the time of employment.”  She confirmed the dismissals of workers at the Animal Feed Plant & Silos in Cookhouse for taking part in an unprotected work stoppage.  She also claimed that workers not participating in the strike had been threatened, and alleged there had been a physical assault on a member of management.  Erasmus indicated that the feeding plant was currently not operational “as the entrance to the factory has been unlawfully blocked.”

Read the full original of the report in the above regard by Mkhuseli Sizani at GroundUp <https://www.groundup.org.za/article/striking-workers-dismissed-cookhouse-animal-feed-plant/>


MUNICIPAL REPORTS

Trade union attaches Nelson Mandela Bay Municipality assets over outstanding pay of R8.8m

Moneyweb reports that the Democratic Municipal and Allied Workers Union of SA (Demawusa) recently attached assets belonging to the Nelson Mandela Bay municipality over an outstanding R8.8 million in pay owed to 36 workers.  The outstanding payment dates back to 2015 for the workers who were insourced after Labour Relations Act amendments required temporary workers to be permanently placed after three months.  The 36 workers were employed in a call centre operated by the municipality, but had been short-paid since 2015.  A dispute was declared in 2019 and was referred to arbitration, resulting in the workers being granted backpay of R8.8 million, which had to be paid by 15 December 2020.  “The municipality ignored this legally binding award and did not pay the workers. As a fighting union, we are taking this to its logical conclusion. We do not want municipalities to smile at the expense of workers,” said Demawusa’s Siphiwo Ndunyana.  The assets attached include a fleet of trucks as well as other vehicles.  But the union called a halt to the auction of the assets as it said the municipality had agreed to settle the outstanding payments within a few days.  Meantime, Nelson Mandela Bay municipality is in a stand-off with National Treasury, which has withheld R1.6 billion in conditional grant funding from the city, because of its failure to elect a mayor and a properly qualified municipal manager.

Read the full original of the report in the above regard by Ciaran Ryan at Moneyweb <https://www.moneyweb.co.za/news/south-africa/trade-unions-attach-municipality-assets-over-outstanding-pay-and-benefits/>

Samwu’s auction of assets of Kopanong municipality to recover unpaid pension contributions halted

Moneyweb reports that last week the SA Municipal Workers’ Union (Samwu) was ordered to halt the auctioning of assets belonging to the Kopanong municipality.  In 2017, the union secured a high court order to attach the municipality’s assets to recover more than R58 million in unpaid pension fund contributions.  According to a SABC report, the auctioning of the assets was halted after government obtained a stay of execution, arguing that the planned auction did not follow proper procedures.  Kopanong has been mired in controversy for years for failing to pay its bills, prompting the DA to call for the dissolution of the municipality.

Read the full original of the report in the above regard by Ciaran Ryan at Moneyweb (scroll down) <https://www.moneyweb.co.za/news/south-africa/trade-unions-attach-municipality-assets-over-outstanding-pay-and-benefits/>


STAFFING / EMPLOYMENT

Eastern Cape reverses decision to terminate employment of 600 post-community service nurses

GroundUp reports that the Eastern Cape government has reversed a decision by its provincial department of health (DOH) to terminate the employment of 625 post-community service nurses.  The nurses, who completed their community service in the province, often treating Covid-19 patients, had not been given permanent contracts because the DOH said it did not have the money to employ them as it had been forced by the Covid-19 pandemic to redirect its money to fighting the disease.  As a result, the nurses, who would normally have been absorbed into the health care system, found themselves facing unemployment.  About 100 nurses protested last Wednesday at the Bhisho headquarters of the DOH, where they submitted a memorandum of grievances to the department’s Litha Matiwane.  Nurses in the protest said that offers of employment were withdrawn on 1 February, the day they were supposed to have sigedn their new contracts.  But following a meeting between the Eastern Cape Director General Mbulelo Sogoni, Acting Health Department HOD Dr Sibongile Zungu and the head of the provincial Treasury Daluhlanga Majeke, the nurses received the good news that they could return to work this week.  DOH spokesperson Sizwe Kupelo said they would like to apologise to the nurses and the communities they served for the inconvenience caused by this confusion.

Read the full original of the report in the above regard by Johnnie Isaac at GroundUp <https://www.groundup.org.za/article/covid-19-spending-means-no-jobs-new-nurses-eastern-cape/>


RETIREMENT FUNDS / PENSION INVESTMENTS

Provident fund annuitisation kicks in from 1 March 2021

Moneyweb reports that the Taxation Law Amendment Act of 2020 was signed into law by President Cyril Ramaphosa on 20 January 2021.  This has enacted the long-awaited legislation which provides for the same annuitisation rules that apply to members of pension funds, pension preservation funds and retirement annuity funds, to be applied to members of provident funds and provident preservation funds, after 1 March 2021 (T Day).  However, the legislation protects the accrued rights of members of provident funds and provident preservation funds (i.e. ‘these funds’) as at T day.  A distinction is made between ‘vested benefits’ and ‘non-vested benefits’.  In respect of ‘vested benefits’, on retirement members of ‘these funds’ who are under age 55 on T day will still be permitted to take amounts which accrued before T day plus fund return in cash.  Moreover, members over age 55 on T day will have access to all amounts in the fund in cash on retirement from that fund.  Amounts that are subject to the annuitisation rules will be termed ‘non-vested benefits’.  The annuitisation rules will apply to the non-vested benefits of all pre-retirement funds going forward.  Fund administrators will have to keep separate records of amounts in funds which apply to the vested benefits and non-vested benefits which emanated from ‘these funds’ as at T day. This will not only be required in ‘these funds’, but will apply to all funds. When members of ‘these funds’ transfer benefits to other approved funds, records of the vested benefits will need to be kept in the new fund and administrators will need to keep separate records of vested and non-vested benefits.  This article goes on to explain the distinction in considerable detail.

Read the full original of the report in the above regard by Jenny Gordon at Moneyweb <https://www.moneyweb.co.za/mymoney/moneyweb-tax/provident-fund-annuitisation-kicks-in-from-march/>


DISMISSALS / SUSPENSIONS

Essential services worker fired for not working during level 5 lockdown reinstated by CCMA

GroundUp reports that a laboratory analyst fired for putting her family’s safety first and refusing to work during the Covid-19 level five lockdown has been reinstated.  The Commission for Conciliation, Mediation and Arbitration (CCMA) noted that she had been afraid of infecting her elderly mother and her asthmatic son, but found that essential services company Parmalat had been more concerned about “creating a possible precedent” than about its employee’s circumstances.  The employee, identified as Ms Beck, had been employed with the company from July 2010. She was dismissed at the end of April 2020 after a disciplinary inquiry found her guilty of being absent without leave for 21 days.  She testified that while she respected the company’s call for its employees to work during level five lockdown, she had feared exposing her child and her mother to Covid-19.  She said her manager was aware of this.  She asked for leave, but it was denied. She then offered to take unpaid leave, but this was also denied.  She then decided to stay home.  According to the employee, sanitiser and physical distancing were in place, but personal protective equipment was not provided at that time.  Commissioner Naledi Bisiwe found that Ms Beck had a reasonable excuse for her absence, even though she was contractually obliged to work.  She ruled that the dismissal had been substantively unfair and that Ms Beck must be reinstated.

Read the full original of the report in the above regard by Tania Broughton at GroundUp <https://www.groundup.org.za/article/essential-worker-fired-not-working-during-level-5-lockdown-reinstated/>

Former boss of Free State sports body to challenge dismissal in CCMA arbitration case

usinessLive reports that a battle for control of the Free State Sports Confederation (FSSC) is poised to play out in the arbitration hearing of fired CEO Jerry Segwaba scheduled to begin on Monday at the CCMA.  Segwaba‚ also the president of the Free State Rugby Union, had his FSSC post terminated in late 2019.  But in 2020, the FSSC executive that pushed him out‚ headed by president Lucas Matobako‚ was itself dissolved by Free State sport MEC Limakatso Mahasa.  The SA Sports Confederation and Olympic Committee (Sascoc) described the MEC’s move as illegal‚ and president Barry Hendricks has said they would “engage on a political level” in that regard with Mahasa and national sport minister Nathi Mthethwa.  The nine provincial sports confederations have also come out in support of their Free State counterpart‚ pointing out they were nongovernmental organisations and beyond the jurisdiction of provincial governments.  At the heart of the Segwaba CCMA case is a 30-page management report by auditing firm Mazars, which details a slew of corporate governance transgressions from 2013 to 2016‚ when Segwaba was both CEO and president.  But, Segwaba claims he was fired as retaliation for accusing Matobako of double-dipping on an expenses claim for a trip to a Sascoc meeting in February 2018.  Matobako has dismissed this as nothing more than an allegation.  Both Segwaba and Matobako said they intended being represented at the CCMA hearing on Monday.

Read the full original of the detailed report in the above regard by David Isaacson at BusinessLive

Prasa taken to Labour Court by three sacked executives

GroundUp reports that three fired executives of the Passenger Rail Agency of SA (Prasa) have gone to the Labour Court to contest their dismissals.  Martha Ngoye, Nathi Khena and Tiro Holele, who recently had their contracts ‘terminated’ by Prasa’s board, have filed an urgent application with the Johannesburg Labour Court, seeking immediate reinstatement to their former posts.  In her founding affidavit, which is supported by Khena and Holele, Martha Ngoye argues that at the time when her contract and Khena’s were terminated, on 29 January, and when Holele’s contract was terminated, on 3 February, Prasa’s board was not properly constituted, and therefore not empowered in law to fire them.  According to Ngoye, the board lacked a representative from the Department of Transport and therefore was inquorate.  Ngoye also argues that the argument used by the board justifying the terminations, namely that their contracts had a five-year expiration date, was not supported by fact, and not valid in law.  Ngoye goes on to argue that she, Khena and Holele were all employed by Prasa on permanent contracts, and that their tenures of contract were never amended.  Ngoye suggests that most of the approximately 20 executives at Prasa have been at the rail agency for more than five years.  As a result, says Ngoye, Prasa’s decision to unilaterally terminate the contracts on the grounds that these had expired after five years is “unlawful, invalid and of no force and effect,” and should be set aside.

Read the full original of the report in the above regard by James Stent at GroundUp <https://www.groundup.org.za/article/sacked-executives-take-prasa-court/>

Other internet posting(s) in this news category

  • CEO of chicken producer says he was suspended for merely talking to the PIC, at News24


COMMUTING / TRANSPORT

Golden Arrow taken to SA Human Rights Commission over robberies on busses

Cape Argus reports that the Ukubavimba Foundation, a social justice and socio-economic development organisation, has lodged an official complaint with the SA Human Rights Commission (Sahrc) against Golden Arrow Bus Services (Gabs).  The complaint was lodged on Friday by a commuter and a member of the Ukubavimba Foundation, Deon Carelse, on behalf of all victims – passengers and bus drivers – who have been robbed while boarding their buses.  Carelse said he lodged the complaint to fight for the rights of the poor and marginalised people of the Cape Flats. His complaint comes after numerous robberies on the Gabs buses where commuters and drivers were robbed of their belongings, some at gunpoint.  Carelse said Gabs needed to set up more safety measures in their buses:  "This can't go on like this. It's a disgrace as passengers’ human rights have been violated."  Cosatu in the Western Cape met with Gabs management recently and will also meet with provincial police commissioner Yolisa Matakata about the Gabs matter.  The union federation’s provincial secretary Malvern de Bruyn said that they proposed that Gabs should consider implementing panic buttons, trackers and cameras in their buses.  Gabs spokesperson Bronwen Dyke-Beyer said the company was extremely concerned about the robberies.  She said that while they received some support from the government, police and law enforcement, they felt it was nowhere near what it needed to address the very serious issue.

Read the full original of the report in the above regard by Sisonke Mlamla at Cape Argus

Commuter usage dramatically down, so Gautrain drops plan to buy second-hand trains, with Gautrain 2 expansion plan also on hold

Business Insider SA reports that the Gautrain no longer believes it will soon need more trains to stop overcrowding during peak times.  It also no longer thinks a big expansion to its closed rail network – which would have given residents of Soweto and Cosmo City easy access to the high-end system – could start by 2024.  It was reported last week that the Gautrain Management Agency (GMA) has cancelled tenders first issued in 2019 seeking to buy second-hand trains from abroad.  The trains were intended to prevent congestion on key lines during peak times, on the assumption that passenger numbers would continue to grow steadily.  In reality, demand for the service has fallen off a cliff, with usage down 70% in December and down 80% in January, after SA's newly-hardened lockdown was imposed.  The GMA now says it will take up to three years for demand to fully recover.  The lack of demand has also seen a change in the expected dates for Gautrain 2, a huge expansion of the service.  By mid-2020 there was still hope that construction on Gautrain 2 could start before the end of 2024, but that has been dashed.  The first phase of the expansion would have seen the network expand from Marlboro to Little Falls in Roodepoort.  A second phase would have seen it expand to Soweto, with a final reach into Boksburg, Lanseria, Irene, and Mamelodi.

Read the full original of the report in the above regard at Business Insider SA. Read too, Purchase of more Gautrain rolling stock and Gautrain 2 put on hold, at Moneyweb <https://www.moneyweb.co.za/news/south-africa/gautrain-procurement-of-additional-rolling-stock-to-ease-congestion-put-on-hold/>

Other internet posting(s) in this news category

  • Bus industry buckles under Covid-19, with tour and charter operations the hardest hit, at SowetanLive
  • Commuters and rail industry feel the pinch as Prasa delays refurbishing trains, at Fin24

 


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