In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Thursday, 11 March 2021.
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Domestic workers can now claim for on-the-job injuries and diseases and their employers must register with Compensation Fund Business Insider SA reports that domestic workers who suffer injury or contract an illness at work now have a mechanism to apply for compensation, after the Compensation Fund commissioner Vuyo Mafata gazetted new terms on Wednesday. The rules follow a landmark Constitutional Court ruling in November 2020, which forced recognition of domestic workers under the Compensation for Occupational Injuries and Diseases Act (COIDA). The effects are far-reaching. Domestic workers – whether they have an express contract not – are covered by three main compensation measures as determined by the COIDA. These are temporary total disablement; permanent disablement lump sums; and permanent disablement pensions. Benefits, and minimum and maximum compensation limits, are based on the type and extent of an injury or disability. The Fund will also cover “reasonable” medical expenses following on-the-job incidents. If the employee requires chronic medication, as a direct result of an injury or illness contracted while at work, the Fund will cover these costs as well. Various other benefits also apply. Employers are required to register workers and also submit a Return of Earnings (ROE) form on an annual basis. Read the full original of the report in the above regard by Luke Daniel at Business Insider SA
Four farmworkers injured after trailer transporting them overturned near Worcester News24 reports that four farmworkers sustained injuries in an accident in the Nuy Valley, near Worcester, after the trailer they were being transported on overturned late on Tuesday. Head of communication at the Western Cape Department of Transport and Public Works, Jandré Bakker, confirmed the accident, saying its cause was still under investigation. Provincial emergency medical services spokesperson Deanna Bessick reported: "The call came through at 17:38 on Tuesday … Fortunately, there were no serious injuries. Four patients were transported to hospital by the private ambulance service." The accident followed two similar incidents involving farmworkers, which took place in January. A truck transporting about 80 farmworkers crashed near Paarl on 27 January, leaving at least two people seriously injured. On 4 January, a woman died and at least 13 people were injured, one seriously, when a truck transporting 37 farmworkers lost control during heavy rain near Worcester. Western Cape ANC MPL Pat Marran said it was unacceptable that farmworkers were still being transported like sheep on open trucks and trailers. In his view, such accidents would continue unless laws were changed. Western Cape Agriculture MEC Ivan Meyer has requested the Standing Committee on Agriculture to look into the issue of transportation of farmworkers. Read the full original of the report in the above regard by Nicole McCain at News24
Two directors-general tell ConCourt public service unions' appeal over wage increase has no chance of success Fin24 reports that National Treasury director-general Dondo Mogajane and director-general of the Department of Public Service and Administration Yoliswa Makhasi filed affidavits before the Constitutional Court (ConCourt) on Thursday against a bid by unions to compel government to honour a 2018 public service wage agreement. This came a week after unions at the Public Service Coordinating Bargaining Council demanded a general salary increase of CPI plus 4% across the board in 2021, heightening the adversarial nature of discussions between government and workers in the public service. After having lost its bid to have the Labour Appeal Court (LAC) force government to pay wage increases for 2020, the Public Servants Association (PSA) in January said it would take the matter to the ConCourt. Last year, government reneged on the final year of a 2018 three-year wage agreement, which led to the legal challenge by the PSA and other unions. Government intends to slash the compensation budget by R160 billion over the next three years, as part of a fiscal consolidation plan to avoid a sovereign debt crisis. Implementing the wage increases for 2020 would have required it to pay up some R37 billion. The LAC found in favour of the government that the wage agreement was not valid. On Thursday, Mogajane said there was no basis for interfering with the LAC’s ruling on the 2018 public wage agreement. In her affidavit, Makhasi said her department agreed with Mogajane's assessment that the application had no prospect of success and that the application for leave was unmeritorious. Read the full original of the report in the above regard by Khulekani Magubane at Fin24 Top court told public sector unions ‘blew’ their chance at a wage compromise as funds have since been used to fight Covid BL Premium reports that the Constitutional Court has been told that public sector unions rejected the state’s attempts at a compromise over wage demands and have missed the boat as resources have since been diverted to fighting the Covid-19 pandemic. This was indicated in an answering affidavit filed by Yoliswa Makhasi, director-general of the Department of Public Service & Administration. The unions approached the court in January for leave to appeal against a Labour Appeal Court judgment which declared a multi-year wage agreement signed in 2018 unlawful, meaning the National Treasury did not have to honour the last leg of a three-year wage deal. The government had tried to reprioritise funds to reach a compromise but the unions had rejected this “with contempt”, Makhasi said. “It is now too late. There is no money that can be reprioritised,” she indicated. The unions have asked the apex court to declare the original collective agreement lawful and constitutionally valid, as well as to order the government to meet its obligations in a staggered or phased way. They also want the court to order the state and unions to return to the negotiating table. But Makhasi argued there was no prospect of success. She said the government in May 2020 had made a revised proposal in conciliation at the bargaining council, in which it said the only alternative was to make R10bn which would have provided for pay progression over the entire public service for the 2019/2020 performance cycle, and an additional R3.5bn from cuts and savings from other programmes, such as school feeding schemes, available to the bargaining unit. While there would then have been no pay progression, the total amount would have been paid as a cash gratuity to the employees in the bargaining unit. The state had also proposed granting an additional number of leave days for use or encashment at exit from the job. Makhasi said it was made clear to the unions that the proposal might not be available later if they rejected it. Read the full original of the report in the above regard by Claudi Mailovich at BusinessLive (paywall access only) Other internet posting(s) in this news category
Numsa’s Irvin Jim says it’s a disgrace cops are still killing unarmed protesters like under Apartheid Pretoria News reports that Irvin Jim, general secretary of the National Union of Metalworkers of SA (Numsa), says it’s a disgrace that more than twenty years after the ANC government has been in power, the police are still killing unarmed protesters as they did under the darkest days of Apartheid. A disappointed Jim made the remarks lambasting the ANC-led government following the fatal shooting of civilian Mthokozisi Ntumba during a clash between students and protesting students on Wednesday. He said the union condemned in the strongest terms the actions of the police that resulted in the fatal shooting of an unarmed Ntumba who was just passing by as the #Asinamali protests by Witwatersrand University students was unfolding. Hundreds of students have been protesting at Wits University in Braamfontein demanding access to tertiary education for those who have been financially excluded and prevented from registering at the institution because they owed fees. Protesters have been demanding free education for all and registration for students with historical debt. Jim said the union condemned the governing ANC for failing to uphold its promises to the working class. In 2017, with much fanfare, then president Jacob Zuma announced that poor students would no longer have to pay to access tertiary education. "We support the demands made by students and we call on all progressive formations to support students in their just demand for free education," Jim added. Read the full original of the report in the above regard by James Mahlokwane at Pretoria News
Exxaro Resources achieves four-year fatality-free milestone Mining Weekly reports that black-empowered resources company Exxaro Resources has achieved four years without any fatalities across its mining operations. This is a remarkable milestone the miner set out to achieve as part of its Khetha Ukuphepa (translated as “Choose Safely”) campaign, which was launched in 2019. As the cornerstone of its Zero Harm pledge, Exxaro’s campaign has ensured that every employee adheres to strict safety standards. The last unfortunate fatality at Exxaro happened in March 2017 at Matla Coal, Mine 2 Operation. Since then, the company has strengthened its efforts to improve safety measures and awareness to avoid more tragic losses. One of the strategic initiatives of the campaign has been to communicate and reinforce the importance of individual safety by educating employees about potential hazards such as machinery, dust inhalation, silicosis, tuberculosis, or even seemingly harmless obstacles like noise or fatigue. Exxaro CEO Mxolisi Mgojo reinforced how important the forum and the commitment to safety were, stating that: “What we in the mining industry also acknowledge are the thousands of lives lost in the past 100 years. These are souls dearly missed to this day. And we seek not to have such deadly repetitions.” Read the full original of the report in the above regard at Mining Weekly Other general posting(s) relating to mining
Numsa claims PetroSA 'refusing' to divulge crucial information on major job cuts Bloomberg reports that the National Union of Metalworkers of SA (Numsa) has the Commission for Conciliation, Mediation and Arbitration (CCMA) to force state oil company PetroSA to provide more information on proposals that may result in 40% of its employees losing their jobs. In a statement on Wednesday, the union said it had made submissions to the CCMA "on the absolute refusal by PetroSA management to divulge crucial information." The company has served notices to lay-off at least 500 of its 1,200 employees, according to the union. The job cuts are proposed as SA prepares to create an even bigger national oil company. The Central Energy Fund, which oversees the state’s energy assets, has reportedly been mandated to merge PetroSA with gas and fuel-management companies because of its "solvency and liquidity challenges." PetroSA has ducked questions about supply contracts and the closing of its 45,000 barrel-a-day gas-to-liquids plant in Mossel Bay, according to the union. "Workers are worried" because the refinery shut in December, stopped producing fuel and there appeared to be no plan to pay employees’ salaries, Numsa said. The union also said PetroSA refused to disclose information around contracts and service providers that could help save jobs. A ruling by the CCMA is expected on 24 March. Read the full original of the report in the above regard by Paul Burkhardt at Fin24
Over 5,000 Eastern Cape community healthcare workers will be without jobs at the end of this month GroundUp reports that the contracts of more than 5,000 Community Healthcare Workers (CHW) in the Eastern Cape will be terminated at the end of March. Sizwe Kupelo of the Eastern Cape Health Department said the terminations were necessary because the department had run out funds. He explained that the workers were employed through the National Disaster Fund to assist with Covid-19 efforts. “The department is trying to source funding, but at this stage the contracts are coming to an end,” he indicated on Wednesday. Meanwhile, union leaders have questioned how other provinces like KwaZulu-Natal and Gauteng managed to extend the contracts of their CHWs. The National Education, Health and Allied Workers’ Union (Nehawu) and the SA Federation of Trade Unions (Saftu) have called for the contracts to be extended as a possible third wave of Covid-19 was expected. Miki Jaceni, provincial Nehawu secretary, said: “We have held numerous engagements with the acting head of the department, Dr Zungu, to discuss retention of the Covid-19 workers but all our attempts were in vain.” Mzikazi Nkata, secretary of Saftu in Nelson Mandela Bay, said: “If our contracts are not renewed the pressure [of being understaffed] will intensify, causing a huge disaster for service delivery and astonishing numbers of Covid-19 fatalities in the province.” Read the full original of the report in the above regard by Mkhuseli Sizani at Groundup <https://www.groundup.org.za/article/over-5000-eastern-cape-community-healthcare-workers-will-be-without-jobs-end-month/> Denosa calls for appointment of permanent CEOs at Gauteng hospitals Pretoria News reports that according to the Democratic Nursing Organisation of SA (Denosa) in Gauteng, it has repeatedly called for the appointment of chief executives to run the struggling government hospitals in the province. However, Denosa claims, the appointments have not been made despite pledges from Premier David Makhura. “This is a concern that we have been vocal about. We have been saying the Department of Health in Gauteng needs to fast-track the appointment of hospital CEOs because having people who are acting in those positions make it difficult for them to make decisions and that interferes with service delivery and nurses being able to execute the duties on the ground,” Denosa Gauteng’s Bongani Mazibuko said. Denosa urged Health MEC Dr Nomathemba Mokgethi to reverse the trend of hiring acting heads of public hospitals. Mokgethi was appointed MEC in December. Meanwhile, the Democratic Alliance (DA) pointed out that 10 out of 36 public hospitals in Gauteng were run by acting CEOs “despite Premier David Makhura’s promise in July 2019 that all hospitals would have permanent CEOs within 100 days”. DA Gauteng spokesperson for health Jack Bloom noted that the Dr George Mukhari Academic Hospital and the Tshwane District Hospital have been without permanent CEOs for more than a year. Bloom said other public health facilities being run by acting CEOs included Bertha Gxowa Hospital, Edenvale Hospital, Far East Rand Hospital, Jubilee Hospital, Lenasia District Hospital, Heidelberg Hospital, the Bheki Mlangeni Hospital and the Tembisa Hospital Read the full original of the report in the above regard by Jonisayi Maromo at Pretoria News
Unfair dismissal case of 22 SACE staff has come before the CCMA nine times since 2019 BusinessLive reports that a protracted battle is playing itself out between 22 dismissed employees and their employer at the Commission for Conciliation, Mediation and Arbitration (CCMA). The matter between the employees and the SA Council for Education (SACE) has been before the CCMA a total of nine times since 2019. The case relates to employees having dual union membership. SACE is a professional council for educators. According to Mxo Khumalo, chair of the Liberated Public Sector Workers Union (Salipswu) at SACE, the problems of the dismissed employees started when they left the National Education Health and Allied Workers’ Union (Nehawu) to join Salipswu. The subsequent twists and turns over union membership and recognition are set out in the BusinessLive report. The 22 were dismissed in July 2019 and approached the CCMA in October 2019 to challenge what they described as “unlawful dismissals”. Khumalo said their case has been passed from one CCMA commissioner to another for years on end. “Our case has been delayed by more than eight commissioners, they keep passing the buck from one commissioner to another and recusing themselves from our case. We think there is something behind this, I mean what’s difficult to sit down and arbitrate on this matter?” Khumalo asked. The last hearing took place from 1 to 5 March but the presiding commissioner “recused herself on the fifth day of the hearing citing that the case was to be handled by a senior commissioner”. CCMA director Cameron Morajane refuted the allegations of “any form of negligence in the administration of this dispute”. When asked why it had taken so long to finalise the case, he said: “Numerous jurisdictional points and applications have been brought by the employer party during the course of the arbitration sittings. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive
Axed executives ask Labour Court to compel Prasa to uphold order to reinstate them News24 reports that three executives axed by the Passenger Rail Agency of SA (Prasa) have approached the Labour Court in a bid to compel the agency to uphold a recent court order to reinstate them. Meanwhile, the rail agency is awaiting the outcome of its application for leave to appeal the order. Last week the Labour Court ordered that Prasa must reinstate fired executives Martha Ngoye, Nkosinathi Khena and Tiro Holela to their positions. The order followed a similar recent ruling which ordered the reinstatement of Pearl Munthali, head of the Prasa foundation. The three executives were meant to resume their duties on 15 March, with full benefits and salaries from the date of their terminations. However, Prasa intends to appeal the court’s order which, if reversed, would result in the agency's decision to terminate their employment being upheld. This prompted the trio to file a new application with the Labour Court on Monday, asking that its order for their reinstatement to be upheld pending the outcome of Prasa’s application for leave to appeal. "Unless leave to implement the decision of this court of 2 March 2021 is given, the applicants will suffer irreparable harm. Prasa, on the other hand, will not suffer any irreparable harm if the judgment is implemented," the three argued in their court papers. Read the full original of the report in the above regard by Penelope Mashego at News24
Two top Nelson Mandela Foundation executives cleared of wrongdoing alleged by whistle-blowers TimesLIVE reports that an independent investigation, conducted after complaints by whistle-blowers, has cleared Nelson Mandela Foundation CEO Sello Hatang and COO Limpho Monyamane of any wrongdoing. Foundation chair Prof Njabulo Ndebele said the investigation found that there was no objective evidence to support the complaints, which related to the alleged flouting of procurement policies and processes, improper use of the organisation’s resources, bullying and intimidation, and abuse of donor relations. He said the two executives, who took special leave while the investigation was under way, would return to work this week. But he added that “it is clear that a number of financial and human resource policies and procedures need to be revised, strengthened and restated to ensure consistency and compliance.” Ndebele said some of the issues raised in the complaint related to interpersonal dynamics and human resource management, and the board “is confident that these can be addressed internally”. In response to the findings, the whistle-blowers said they were shocked and dismayed that no evidence could be found on any of the allegations levelled against Hatang and Monyamane. “We, therefore, reject this report, its findings and predetermined outcomes it produced. We warn of the grave impact it will have in the foundation of Mandela going forward,” the whistle-blowers said in an anonymous statement. Read the full original of the report in the above regard by Belinda Pheto at TimesLIVE
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