This 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.
In our Friday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Law takes into consideration how much risk an unvaccinated person poses to colleagues Associates Tracy van der Colff and Kirsty Gibson of Baker McKenzie Johannesburg write that the Commission for Conciliation, Mediation and Arbitration (CCMA) has issued its first finding regarding the fairness of an employee's dismissal following her refusal to be vaccinated. On 21 January, CCMA commissioner Lungile Matshaka held that an employee who refused to be vaccinated in terms of a mandatory vaccination policy was fairly dismissed for incapacity. This decision provides important guidance for employers who plan to implement a mandatory vaccination policy. Employers must ensure that they follow the procedure set out in the Consolidated Direction on Occupational Health & Safety Measures in Certain Workplaces. This includes undertaking a risk assessment and ensuring a fair procedure is used to decide on applications for exemptions. The employer must consider each application for exemption and attempt to reasonably accommodate the employee. Where reasonable accommodation is not possible, the employee may be dismissed for incapacity. The employer should not use a blanket approach when considering applications for exemption and the measures to implement for reasonable accommodation. Rather, the employee's specific health conditions and their role within the company should be analysed to determine the risk they are exposed to, and the risk they are exposing their colleagues to. Importantly, this award confirms that each individual owes it to their community to be civic minded and to make decisions which are in the legitimate interests of such community. This obligation equally applies in the workplace. Read the full original of the article in the above regard by Tracy van der Colff and Kirsty Gibson at BusinessLive Commission for Gender Equality retracts statement on the effects of Covid-19 vaccine on women's reproductive health News24 reports that the Commission for Gender Equality (CGE) has withdrawn its statement that Covid-19 vaccines could possibly have an impact on women's reproductive health. In a statement on Thursday night, the commission said it "erroneously quoted an article published in a medical journal which alleges possible negative consequences of vaccination on women's sexual and reproductive health". On 16 January, the commission had released an earlier statement, which quoted the medical journal article. Earlier this week, the Department of Health (DOH) and other vaccinology experts called on the CGE to withdraw its statement. The DOH disputed the claims made by the CGE, saying they did not consider all available evidence and the substantial benefit associated with vaccinating women of reproductive age and pregnant women. CGE spokesperson Javu Baloyi indicated in Thursday’s statement: "We further regret that it led to unnecessary distraction of public attention away from our common fight against the Covid-19 pandemic." To rectify the recent misinformation, the CGE said it would coordinate various education drives, in collaboration with health and medical experts. Read the full original of the report in the above regard by Cebelihle Mthethwa at News24 Cuba gets unregistered Covid-19 drugs back, but there’s no sign of SA taxpayers’ cash BL Premium reports that almost two months after it was ordered by the health regulator to return an unregistered Covid-19 drug obtained from Cuba, the SA National Defence Force (SANDF) has complied. The SANDF imported Heberon Interferon-Alpha-2B from the island nation, claiming the drug could offer protection against Covid-19 by attacking “natural interferons of the victim”. Those claims were never corroborated by the SA Health Products Regulatory Authority (Sahpra). Late in 2021, the regulator ordered the defence force to return the drug to Cuba or face having it confiscated and destroyed. Officials implicated in the scandal may still be held personally liable for the R260m originally billed by the Cubans, according to a report by the auditor-general presented to parliament’s defence committee in December. The SANDF has paid about R120m to date, and it is not clear whether SA taxpayers will be reimbursed by Cuba, a country that traditionally has close relations with the ANC due to its support for the struggle against apartheid. SANDF representatives present during a meeting with MPs on Wednesday confirmed that the drug had been returned to Cuba, but did not provide details on whether a refund could be claimed. Read the full original of the report in the above regard by Bekezela Phakathi at BusinessLive (subscriber access only) Other internet posting(s) in this news category
President’s economic council advises against basic income grant BL Premium reports that President Cyril Ramaphosa’s panel of economic advisers has recommended the extension of the emergency Covid-19 social grant for a period “of a few months” after the end of the national state of disaster. But, it stayed on script with existing Treasury policy on extending social welfare payments. In a briefing note sent to Ramaphosa ahead of the state of the nation address in February, the presidential economic advisory council said the R350 social relief of distress grant should be maintained beyond the scheduled March end date. But the advisers argued against it being made permanent without an “affordability and economic assessment” being concluded. The body’s recommendations are in line with existing government policy. Finance Minister Enoch Godongwana in particular has argued that SA’s poverty alleviation strategy must be built on boosting the growth potential of the economy and job creation. He previously dismissed proponents of a basic income grant (BIG) as advocating a policy that would trap young people in a cycle of dependency. The panel’s recommendation comes as the government faces populist pressure for the introduction of a permanent BIG, with the Covid-19 relief measure seen as a starting point. The advisory council said that lifting the economy’s long-term potential growth rate must be a “critical precondition” for financing new grants. Read the full original of the report in the above regard by Thando Maeko at BusinessLive (subscriber access only). Read too, Ramaphosa’s advisers warn against basic income grant, at BusinessLive
Striking Clover workers march through Sandton and picket at Israeli trade office GroundUp reports that hundreds of striking Clover workers marched through the streets of Sandton, Johannesburg on Thursday morning as part of a national and international day of action against the dairy producer. The SA Federation of Trade Unions (SAFTU) and its affiliates, the Food and Allied Workers’ Union (FAWU) and the General Industries Workers’ Unions of SA (GIWUSA), organised the day of action in solidarity with Clover workers, who have been on strike since November 2021. Workers are demanding that Clover stop plans for further retrenchments and salary cuts. They also want all dismissed workers to be reinstated. Joined by activist groups and affiliate unions, including the National Union of Metalworkers of SA and the Democratised Transport Logistics and Allied Workers Union, the workers also picketed outside the Israel Trade and Economic Office to Southern Africa in Sandton. Workers want the company to be independent of the Israeli company Central Bottling Company (CBC) which owns Clover through the Milco SA consortium. GIWUSA president Mametlwe Sebei claimed that working conditions and the general treatment of workers worsened since Milco bought Clover. Noor Ahmad from the Palestine Solidarity Alliance, also joined the picket. Vuka Chonco from FAWU said unions would be meeting Clover management on Friday to try to resolve the strike. Read the full original of the report in the above regard by Masego Mafata at GroundUp Nurses robbed on Wednesday during strike in Gqeberha by security guards over late of salaries GroundUp reports that nurses at KwaMagxaki Clinic in Gqeberha were robbed on Wednesday by thieves who took advantage of the strike by security guards. Police spokesperson Captain Sandra Janse van Rensburg said two nursing sisters were apparently eating in the clinic breakroom when two suspects entered the clinic through a back door. She said the suspects pointed firearms at both women and demanded they hand over their cellphones and car keys. While on their way out, the suspects also robbed another nurse of her cellphone. The clinic was closed, along with most clinics in Nelson Mandela Bay, which shut their doors as a result of the strike by security guards working for Silver Solutions Security. The guards want the company to pay their salaries for January 2022. Eastern Cape Health MEC Nomakhosazana Meth said the robbery was the latest in a spate of attacks on health workers in the metro. Meanwhile, the strike by security guards continues. On Thursday, they protested outside Motherwell Community Health Care Centre. Read the full original of the report in the above regard by Joseph Chirume at GroundUp Nehawu to approach high court to force ANC to pay outstanding salaries of striking staffers IOL reports that ANC employees continue to suffer due to the failure by the ruling party since last year to pay their outstanding salaries. The staff have been on an indefinite stay away since 17 January due to non-payment of salaries. ANC staff representative spokesperson Mvusi Mdala said the situation was dire for employees. He added that they were tired of what he called false promises from ANC treasurer-general Paul Mashatile to pay them, but with staff ending up not being paid. “The communication we have received from management is that all our salaries would be paid by 21 January. This has happened before, it is like the national anthem of Mashatile’s office. This has disturbed and worried us. It seems like the leadership does not care about the welfare of the ANC staff and they don't care about the image of the movement, don't care about the ANC losing elections or its support declining. These acts contribute to that, they only care about themselves,” Mdala commented. He advised that employees had not recently met anyone from the NEC about their issues. National Education, Health and Allied Workers’ Union (Nehawu) acting national spokesperson Lwazi Nkolonzi said the union was embarking on other avenues to make sure it forced the ANC to pay workers. “The situation is dire for our members and we cannot fold our arms as a union. We have said it before that we are going to approach the High Court. Our legal department is currently in a process of drafting papers then filing at the high court to make sure that the ANC pays our members,” Nkolonzi indicated. Read the full original of the report in the above regard by Ntombi Nkosi at IOL
ConCourt strikes down Amcu-Lonmin agency shop agreement BL Premium reports that the Association of Mineworkers and Construction Union’s (Amcu’s) plans to effectively increase its membership at Sibanye-Stillwater’s Lonmin platinum mine hit a snag when the Constitutional Court (ConCourt) ruled earlier this month that its agreement with the management was invalid and unenforceable. The agency shop agreement between the parties would have caused Amcu to rake in hundreds of thousands of rand in membership fees from its members, nonunionised workers, and employees who belonged to other unions. Amcu entered into such an agreement with Lonmin — owned by Sibanye-Stillwater — in April 2019. The agreement was challenged by a coalition of other unions. In June 2019, the Labour Court ruled that the agreement was invalid because it indicated only that “employees who are not members of any trade union shall not be compelled to be a member of Amcu” and made no provision for employees who were “members of other unions and failed to provide that such employees were not compelled to become members of Amcu”. The ConCourt found that an agency shop agreement was binding only if it provided that employees who were not members of the representative trade union were not compelled to become members of that trade union. The agreement indicated only “that employees who are not members of any trade union shall not be compelled to be a member of Amcu”. The deduction for the agency fund was made by Lonmin in June 2019 for the first time, but then the Labour Court’s instruction was received to stop the deduction in July 2019. The deductions were stopped and the amounts refunded to affected employees in July 2019. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only) Other labour / community posting(s) relating to mining
Hundreds of people conned out of R800 in scam over cleaning jobs at Somerset Hospital in Cape Town GroundUp reports that police in Kraaifontein, Cape Town, are investigating a case of fraud after 230 people in the community were conned by a cleaning company called Aico n Thabie Services. According to the unsuspecting job seekers, the company verbally advertised that it had a contract with the City of Cape to clean Somerset Hospital, but in order to be hired applicants had to pay R800. They were told that this fee would also cover their transport to and from work. But the City does not even manage Somerset Hospital. The hospital is managed by the Western Cape health department and officials have confirmed that a contract was not awarded to this company. According to Andile Ndzongane, who was tasked to do the company’s administration, about 230 people were hired by the company. He said more people were hired in Dunoon and Mfuleni with similar promises. According to Ndzongane, he assisted victims with opening a case at the Kraaifontein Police Station in December, but nothing came of it. Police spokesperson Frederick Van Wyk confirmed that no arrest had been made, but that investigations were continuing. One of the business owners, who has since fled to Durban, claims that she did not know her partner was scamming people and had seemingly made off with the money. Read the full original of the report in the above regard by Nombulelo Damba-Hendrik at GroundUp
Absa engineer accused of stealing over R100m from bank in dock on Thursday with lover Fin24 reports that the romantic partner of Xolela Masebeni, who is accused of stealing over R100 million from Absa, has been added as a co-accused to his money laundering and theft case. Masebeni, 31, and Athembile Mpani, 21, appeared in the Palm Ridge Specialised Commercial Crimes Court on Thursday. Masebani, a specialist engineer who worked in Sandton, is accused of stealing R103 million from the bank and allegedly transferring the money into six different bank accounts over four months between September and December 2021. Mpani is alleged to have benefitted from the money. She was arrested on Wednesday after her lawyer brought her in. Masebeni was arrested in Queenstown in the Eastern Cape last week after Absa reported the matter to the authorities following an internal investigation. He appeared in the Komani Magistrate's Court, where the matter was transferred to Palm Ridge. The matter was postponed to 31 January for a formal bail application. Read the full original of the report in the above regard by Lwandile Bhengu at Fin24
Western Cape premier to meet with independent advocate over Albert Fritz sexual assault allegations News24 reports that Western Cape Premier Alan Winde says his government fully supports any inquiry by police into the sexual assault allegations levelled against suspended Community Safety MEC Albert Fritz. On Thursday, Western Cape police announced they had opened an inquiry. However, no criminal case has as yet been opened against Fritz as the police are waiting for "pertinent" documentation, specifically statements from the alleged victims. Winde is expected to meet with Jennifer Williams, an independent advocate, who has been appointed through the State Attorney to conduct an external investigation into the veracity of the allegations made against Fritz. "I will also provide her with the details around the actions, steps I have taken to date. This information should then enable her to begin her investigation immediately,” Winde indicated. He went on to say: "In addition to advising the complainants of their rights to lay criminal charges, we are also referring complainants to an NGO dedicated to the assistance of complainants of the nature in question, having received confirmation from such NGO that such a referral would be appropriate and may proceed.” Fritz, his spokesperson, Wade Seale, the head of the community safety ministry, David Abrahams, support officer Michael Kwaaiman and another official, Lazola Ndubela, have been suspended, pending the investigation. Apparently the complainants – most of whom are interns in Fritz's office and others involved in the Expanded Public Works Programme – implicated several colleagues who work in the ministry in alleged acts of grooming and of intoxicating victims before they were allegedly sexually abused. Read the full original of the report in the above regard by Jason Felix at News24
Military veterans being trained as Prasa guards News24 reports that military veterans are being trained to guard the Passenger Rail Agency of SA's (Prasa’s) rail network against the rampant plundering that has left some stations gutted and chunks of track missing from railway lines. Irene Mpolweni, director-general of the military veterans department, visited the training centre in Maitland, Cape Town, on Thursday and advised that the veterans would work for Prasa when they had completed their training. She said the trainees had been drawn from a database of military veterans from non-statutory forces who had left SA during their resistance to the apartheid regime. She said they did not have many work opportunities as a result of their anti-apartheid activities and so the department had included the Prasa programme to provide options. After this first group, more people are expected to be trained. When asked for comment on the prospects of the programme, Neil Maynard, of the Cape Coloured Corps Veterans Association, said they did not know about it, so they had not applied. Last year, Cabinet ministers Thandi Modise, Mondli Gungubele and Thabang Makwetla were held hostage by an angry group of veterans at a conference centre in Irene. Also, a group called Liberation Struggle War Veterans breached the ANC’s Luthuli House headquarters seeking R2.2 million each in reparations. A task team, based in President Cyril Ramaphosa's office, deals with military veterans' complaints and the realignment of the organisations meant to represent them. Read the full original of the report in the above regard by Jenni Evans at News24
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