Today's Labour News

REOPENING OF SCHOOLS

Survey by teacher unions indicates improvement in schools’ readiness to open amid Covid-19

BusinessLive reports that a survey by SA’s five teacher unions shows that significant progress has been made over the past month to prepare for the opening of schools on Monday.  It also shows, however, that some schools are not fully prepared.  Schools were initially set to open on 27 January, but the country was in the midst of a second wave of the Covid-19 pandemic and that date was subsequently pushed to 15 February.  The five teachers unions, namely Sadtu, SAOU, Naptosa, the PEU and Natu, conducted combined surveys of their members in January before schools were set to open, and again in February.  The second survey received 4,309 responses from principals across the country, which represented about 19% of schools nationally.  Mugwena Maluleke of Sadtu noted on Friday his concern about the lack of responses received from principals in the February survey.  According to the survey, 57% of the schools have all the hand sanitiser required, up from only 40% in January.  Regarding surface sanitisers, 59% of the schools surveyed have supplies, up from 30% in January.  There is still a major issue in respect of masks, with only 26% of principals surveyed indicating last week that they had all the masks needed when students return on Monday.  Sixty-nine percent said they did not have masks, while 5% said they were not sure.  This was in comparison to only 20% of schools having masks in January.  

Read the full original of the report in the above regard by Claudi Mailovich at BusinessLive

Education department says it is all systems go ahead of schools reopening

News24 reports that according to the Department of Basic Education (DBE), it’s all systems go for the reopening of schools on Monday, with health and safety to be a priority as the fight against Covid-19 transmissions continues.  Education Minister Angie Motshekga said during a briefing on the state of readiness in Pretoria on Sunday afternoon:  “We will continue to maintain the delicate balance between health and safety in schools on the one hand, while on the other, we deal with the curriculum gaps, identified during the 2020 academic year.  Senior managers in the sector, under the leadership of the director-general, have been working very hard to strengthen the already existing plans for 2021."  Motshekga added that gazetted directions emphasised that schools should adhere to health and safety protocols to save lives and indicated that directives had been distributed to schools for implementation.  According to the department, the provision of personal protective equipment (PPE) is not an issue across all of the provinces.  DBE director-general, Mathanzima Mweli, said provincial departments had adequate masks for pupils, teachers and support staff, adding that provinces had measures in place to ensure schools did not run out of Covid-19 essentials.  At least 17,473 teachers and 4,937 pupils, excluding those from Eastern Cape, have tested positive since March 2020, the department reported.  Mweli lamented that 1,169 teachers and 19 pupils have died. Motshekga said the department was continuously meeting with stakeholders and would also be using results from a health and safety survey conducted by five teacher unions.

Read the full original of the report in the above regard by Sesona Ngqakamba at News24

Other internet posting(s) in this news category

• More than 16,000 learners yet to be placed in schools, Angie Motshekga says, at BusinessLive (paywall access only)

COVID-19 HEALTH & SAFETY

D-day for first vaccinations to healthcare workers is Wednesday

BL Premium reports that SA’s regulators have given Johnson and Johnson’s (J&J’s) Covid-19 vaccine the green light for a phase 3b trial in healthcare workers, paving the way for the government to begin dispensing shots to healthcare workers on Wednesday.  Last week, the government suspended its planned rollout of AstraZeneca’s vaccine, after preliminary findings from a small clinical trial found it offered minimal protection against mild to moderate Covid-19 caused by a new variant that now dominates transmission in SA.  SA has yet to decide what to do with the AstraZeneca vaccines it has already procured, but it has quickly pivoted to J&J’s vaccine, which it plans to administer in a study with the Medical Research Council (MRC) to get around the fact that it is not yet commercially available.  The first 80,000 doses of J&J’s vaccine, drawn from stock manufactured for clinical trials, are expected to arrive in SA from Belgium on Tuesday.  They will then be transported under police and military guard to 17 large public hospitals designated as vaccination centres, with the first doses slated to be dispensed on Wednesday.  Vaccines will be offered to healthcare personnel employed at the 17 hospitals and at nearby public and private health-care facilities.  Each province has been allocated two vaccination sites with the exception of Northern Cape, which has just one.  J&J has committed up to 500,000 doses for the study.  They will arrive at 14-day intervals.

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

Healthcare workers ask why they are being used as the Covid-19 vaccine guinea pigs

City Press reports that some nurses and unions have taken a stand against Covid-19 vaccinations.  Healthcare workers will be the first to receive the vaccinations. However, nurses say the government is trying to make them into guinea pigs because there is still uncertainty about how the vaccine will affect people.  Jessica Blake, a paediatric nurse at Helen Joseph Hospital in Joburg, said she would not have the vaccine because there was not enough information about it.  “So much is unknown about the vaccine’s long-term effects and I’m pretty conservative. I make sure all my ducks are in a row before I do anything. We’re not sure whether we’re guinea pigs at this point – they almost gave us a batch of faulty vaccines (seeming referring to Oxford-AstraZenica vaccine).  Who wouldn’t have doubts after that?” she asked.  The Democratic Nursing Organisation of SA (Denosa) said that before SA purchased more vaccines, their efficacy should be confirmed.  Njabulo Theko, a member of the Young Nurses Indaba Trade Union (YNITA), questioned why government still wanted health workers to be the first to receive the vaccine. “Why are they starting with us if they can start with the people who need it most, and how does government think it can achieve its goal of vaccinating citizens if it’s failing to provide us with answers when we need them? No one is able to give us a straight answer. Now we don’t know what we’ll be putting into our bodies. Do they even know the effects of the vaccine?” he asked.  Lerato Mthunzi, president of YNITU, said the union had warned about the rushed approach in procuring the Covid-19 vaccine without sufficient information and a clear strategy.

Read the full original of the report in the above regard by Mandisa Nyathi at City Press (paywall access only)

Obligatory Covid-19 vaccine jabs at workplaces debated by employers

Business Times writes that business owners in SA, crippled by Covid-19 lockdowns and desperate to protect their dwindling operations, face a growing dilemma over vaccination policies in the workplace.  Debates are raging over whether workers may reasonably refuse to be inoculated, and if employers can discipline them for refusing.  With the government stating that no-one will be forced to be vaccinated and the constitution guaranteeing religious and cultural beliefs and bodily integrity, the debate over how to protect business operations is growing.  Aadil Patel of Cliffe Dekker Hofmeyr attorneys, which has researched mandatory vaccine policies, advised: "You cannot be dismissed for misconduct simply because you don't want to take the vaccine."  He said for companies to make vaccines mandatory they must overcome numerous challenges, including obtaining union buy-in.  "Crucial to the process is companies must distinguish between existing and new employees. With existing employees, companies must obtain consent for a mandatory vaccination policy introduction as it changes conditions of employment.  If a majority trade union is in the workplace, employers could conclude an [inoculation] agreement with the union which would be extended to all employees regardless of whether they were unionised or not.  But with no trade union, companies need every employee's consent. That's because employment is done on an individual basis."  He added that for new employees, a mandatory vaccine policy could be introduced, "but it is not advisable".  Avi Niselow of Clifford Levin Attorneys said for disciplinary action to be instituted it would come down to how a mandatory vaccination policy was implemented:  "If it's implemented unilaterally, with employees having no input and no union engagement, employers would find it difficult to discipline workers."

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

Other internet posting(s) in this news category

• Military top brass front of the vaccination line, at The Citizen (paywall access only)

TERS

Ramaphosa extends Ters benefit for sectors not able to operate, and also the special Covid-19 social relief grant

BL Premium reports that after months of discussions and debate over continued social and economic relief, President Cyril Ramaphosa advised on Thursday in his state of the nation address that the government would extend the Temporary Employer/Employee Relief Scheme (Ters) until 15 March 2021 for those sectors that had not been able to operate.  Also, the special Covid-19 social relief of distress grant aimed at unemployed people who receive no other form of government assistance will be extended for a further three months.  Ters is funded by the Unemployment Insurance Fund (UIF).  The conditions of the extension and the sectors to be included will be announced after consultations with social partners at the National Economic Development and Labour Council (Nedlac).  To date, the UIF has paid out just more than R57bn to more than 4.5-million workers.  Social partners at Nedlac have been negotiating with the UIF about the extension of the Ters benefit for sectors affected by the recent lockdown regulations, including the alcohol and hospitality sectors, as well as workers older than 60 or with comorbidities.  The UIF on Wednesday said it was looking at “all possible legal options to assist workers, and this forms part of the matters being looked at”.

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

UIF says Ters extension to assist sectors not fully operational, including tourism, hospitality and the liquor industry

BL Premium reports that the Unemployment Insurance Fund (UIF) said on Friday that the extension of the government’s wage protection scheme for workers affected by the Covid-19 lockdown would be to provide assistance to sectors that were not fully operational, such as tourism, hospitality and the liquor industry.  The UIF, which funds the Temporary Employer/Employee Relief Scheme (Ters), advised that the details about who would be eligible for the extension, would be discussed and finalised by social partners at the National Economic Development and Labour Council (Nedlac).  It will announce the opening of the system for the new payment period once the work to configure its systems is complete.  President Cyril Ramaphosa in his state of the nation address on Thursday announced that the Ters benefit would be extended to 15 March.  This means it will cover the period from 15 October 2020, when the benefit originally came to an end, until March.   Social partners and the UIF have been negotiating an extension of the scheme at Nedlac for the past few months.  The partners on Friday said they were pleased that there had finally been an announcement that the benefit would now be extended.  The UIF indicated on Friday said it was continuing with processing and paying valid and complete outstanding Ters claims that were already in the system.  

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

STATE OF THE NATION ADDRESS

Labour and business cautiously welcome Ramaphosa’s state of the nation address, but implementation remains a concern

BL Premium reports that labour and business have cautiously welcomed President Cyril Ramaphosa’s state of the nation address on Thursday, saying his plans to implement economic reforms will attract private sector investment and help the embattled economy recover jobs lost to Covid-19.  Ramaphosa announced during his address that implementing economic reforms to create sustainable jobs and drive inclusive growth, as well as accelerating economic recovery, were some of government’s overriding priorities of 2021.  Sizwe Pamla, spokesperson for trade union federation Cosatu, said the speech made sense because the president gave an account of his previous commitments.  The president also gave an encouraging update on the implementation of the economic reconstruction and recovery plan, Pamla noted.  “The investments coming from the auto sector, the progress on agriculture, we acknowledge that.  We also welcome the update on the presidential employment stimulus programme, but we say the president is not being transparent with us here.  We have been hearing that some of these workers [on the programme] are not being paid their salaries. This is abuse that should not be tolerated,” Pamla said.  He also commented that the lack of employment targets would make it difficult to hold Ramaphosa accountable.  Narius Moloto of the National Council of Trade Unions (Nactu) said:  “There is nothing new regarding what the president said.  He was merely repeating what the social partners had been discussing at Nedlac.  For now, we say he is saying all these things just to excite the people. We want to see implementation.”

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

Over 430,000 jobs created in nearly four months in terms of the presidential employment stimulus plan, Ramaphosa claims

BL Premium reports that President Cyril Ramaphosa said in his state of the nation address on Thursday that the presidential employment stimulus programme announced by in October last year had created more than 430,000 job opportunities by the end of January.  A further 180,000 job opportunities were in the recruitment process, the president added.   Ramaphosa said the job opportunities created were “in areas like education, arts and culture, global business services, early childhood development and small-scale and subsistence farming.”  When he announced his economic reconstruction and recovery plan last year, Ramaphosa indicated that it would create and support more than 800,000 work opportunities in the immediate term to respond to job losses due to Covid-19.  The plan involved the creation of 300,000 opportunities for young people to be engaged as education and school assistants throughout the country to help teachers with basic and routine work so that more time was spent on teaching and enabling learners to catch up from time lost because of Covid-19.  More than 60,000 jobs would be created for labour-intensive maintenance and construction of municipal infrastructure and rural roads. An additional 6,000 community health workers and nursing assistants would be deployed and employed at provincial and city level.  Support would also be provided to more than 100,000 early childhood development practitioners and to 75,000 small-scale farmers whose production was disrupted by the pandemic.  The government has committed R100bn over the next three years to create jobs through public and social employment as the labour market recovers.

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

Other internet posting(s) in this news category

• Cosatu, SACP give Cyril the benefit of the doubt, at City Press (paywall access only)
• Canegrowers appreciate Ramaphosa’s Sona call for citizens and businesses to buy local sugar, at Engineering News

BUSINESS RESCUE / RESTRUCTURING

Government close to picking a partner for SAA says Pravin Gordhan

Bloomberg reports that according to public enterprises minister Pravin Gordhan, SA has identified three equity partners for bankrupt SA Airways (SAA) and will make a decision on which one to pick in “the next month or so”.  He said in an interview on Friday that the interim SAA board was engaging with the candidates before the government made its recommendation.  The search for a private-sector entity to help steer SAA to health is key to the minister’s plan to revive the state-owned airline, which has been in business rescue for more than a year and hasn’t flown commercially since March.  The carrier is also in a legal dispute with unions over wage settlements to workers, while demand for air travel has slowed to a trickle amid the Covid-19 pandemic.  Gordhan also said he expected power utility Eskom’s R464bn of debt to become “a thing of the past” in the next three to five years.

Read the full original of the report in the above regard by Francine Lacqua, Tom Keene and Paul Burkhardt at BusinessLive

Trade union members retain their claims as creditors of SAA, says Numsa

Business Report writes that trade union members of SA Airways (SAA) who opted not to accept a business rescue salary settlement agreement retained their claims as creditors of SAA to be settled at the conclusion of the business rescue process.  This was indicated by National Union of Metalworkers of SA (Numsa) spokesperson Phamile Hlubi-Majola on Thursday.  She was commenting on last week’s Labour Court judgment that ruled against an application by Numsa and the SA Cabin Crew Association (Sacca) to have certain non-payments to employees who had not concluded the Outstanding Salary Settlement Agreement, declared unlawful and unfair.  Hlubi-Majola said their legal team was moreover still studying the judgment to assess a way forward.  In the court application, the unions had wanted the national carrier’s shareholder, namely the Department of Public Enterprises (DPE), to pay their members a lump sum comprising backpay of three months’ salary, a 5.9 % salary increase backdated to April 2020 as well as an equivalent pro-rata contribution towards a 13th cheque.  More than 81% of SAA’s 4,579 employees, including some Numsa and Sacca members at SAA, have accepted the DPE’s salary settlement offer.  Meantime, SAA’s business rescue practitioners advised that a reopening of the salary settlement offer to SAA staff had closed last week, with a further 163 employees taking up the offer, thereby increasing the take-up to 85% of SAA employees, including those who had taken voluntary severance.

Read the full original of the report in the above regard by Edward West at Business Report

DISMISSALS / SUSPENSIONS

Ramaphosa’s farmworker asks CCMA to overturn his sacking for missing work for two days when he took ill

SowetanLive reports that an employee at President Cyril Ramaphosa's cattle farm is taking the fight to get his job back to the CCMA after he was fired for missing work for two days when he took ill.  Bennet Mashinini, a security guard at Ntabanyoni farm in Badplaas, Mpumalanga, said he had not been feeling well when he decided to visit the Prince Mkholisi Community Health Centre on 12 December.  “They did a Covid-19 test and told me that all my symptoms were that of a coronavirus patient and told me to stay at home for 10 days [in isolation]. I called the manager [Ben Molotsi] and informed him about what health-care workers (had) said,” Mashinini indicated.  According to his medical certificate, Mashinini was advised to isolate for 10 days or until he got his Covid-19 test results back showing he was negative.  "While I was at home recovering, I received my results via SMS on December 17 and they were negative. But because I was not feeling well, I had to stick to the 10 days [isolation period] and I stayed at home and went back to work on December 23,” said Mashinini.  He claimed he did not get any other message informing him of the results after that initial SMS.  When he went back to work, Mashinini faced disciplinary proceedings for misconduct and was found guilty after a hearing and dismissed.  Molotsi indicated that it had been agreed that Mashinini would call the company once results were received.  “Upon receiving his test results, he failed to contact the company as agreed and when asked why, he said there was something wrong with his phone. After [receiving] his negative test results, he proceeded to stay home for two days."  Molotsi also said Mashinini "has a bad misconduct history in his employee file.”

Read the full original of the report in the above regard by Mandla Khoza at SowetanLive