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 roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 4 March 2022.
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ConCourt limits interdicts against strikers as a group where only some of those on strike commit violence GroundUp reports that the Constitutional Court (ConCourt) has delivered an important judgment on interdicts against striking workers. In 2019, 364 workers belonging to the Commercial Stevedoring Agricultural and Allied Workers Union went on a protected strike at Oak Valley Farm. Before the strike began, the CCMA issued picketing rules that prohibited the workers from intimidating or threatening the farm’s customers, suppliers and non-striking employees. But acts of violence and intimidation did occur. Oak Valley then successfully obtained a temporary Labour Court order interdicting the union and 364 striking workers from acting unlawfully or violently during the strike. Many workers returned to duty, but 194 continued to strike. Oak Valley then went back to the Labour Court (LC) for a final interdict against the union and the remaining strikers. The union argued that such an interdict was too broad because it interfered with the rights of workers who picketed peacefully, and that Oak Valley had failed to show that the violence was committed by the workers and not the local community. But the LC granted a final interdict against the 194 workers and the union. The union appealed, but the Labour Appeal Court (LAC) upheld the ruling and said it was not necessary for Oak Valley to show that every worker was involved in unlawful behaviour during the strike as it was enough to show some workers had behaved unlawfully and the other workers associated with them. The union then went to the ConCourt, where Oak Valley did not oppose the appeal. The ConCourt unanimously upheld the union’s appeal and set aside the interdict against 193 workers. Justice Leona Theron said the LAC had failed to consider whether “the indiscriminate granting of interdicts prejudices innocent parties, and potentially, has a chilling effect on the exercise of their constitutional right to strike”. The ConCourt said that “where a protest or strike is substantially peaceful, but there are isolated and sporadic instances of unlawful conduct, only those protestors who associate with those acts of unlawfulness can permissibly be placed under interdict.” The interdict against one worker and the union was not set aside because there was sufficient evidence to show that they had acted unlawfully. Read the full original of the report in the above regard by Geoffrey Allsop at GroundUp
Sandu lawyers demand that broken air conditioning at defence HQ be urgently fixed SowetanLive reports that lawyers for the SA National Defence Union (Sandu) have written to defence minister Thandi Modise demanding immediate action to fix the broken air conditioning system at defence headquarters in Tshwane. Sandu complained on Friday that military staff in their hundreds were expected to work in office temperatures that had reached the thirties for several weeks. “This is a direct threat to the occupational health and safety of military staff, especially given that the building is designed in a way that it has no opening windows. Poor ventilation occurs and poses an obvious threat to the health of the staff,” union general secretary Pikkie Greeff said in a statement. He also claimed that medicine stored at the facility was in danger of being spoiled because of the excessive temperature, which posed a further health risk and amounted to non-compliance with legal pharmaceutical requirements. “The installation houses the entire command of the SANDF with its support staff. No-one should be expected to endure such a working environment let alone the heartbeat of the SANDF,” said Greeff. The minister was asked to inform Sandu when the air-conditioning system would be repaired. “We look forward to your response within five working days of this letter, failing which we have instructions to take this matter further, which may include legal action and/or laying a complaint with the department of labour,” Sandu’s letter reads. Read the full original of the report in the above regard by Ernest Mabuza at SowetanLive Other internet posting(s) in this news category
Licensing centres in Gauteng still shut due to a violent protest by driving school owners Saturday Citizen reports that for the safety of workers and infrastructure, the cities of Johannesburg, Tshwane, and Ekurhuleni have opted to close several licensing centres, after a number of offices were trashed, staff intimidated, and visitors attacked in protests by driving school owners. Last week the protest was in its second week. It was sparked by the introduction of the new online booking system, which the driving school owners said was unusable. Frustrated motorists have described how they were unable to renew their driver’s licences due to the closures. But Ekurhuleni business analyst James Durieux said he used the system to book an appointment to renew his driver’s licence and was allocated a slot for last Monday. But he was turned away at the office because of the protest. “What I do not understand is how could the protestors disrupt services and intimidate people when there are private security guards to control access. Offices of the Ekurhuleni metro police are just nearby but hooligans are able to do as they please,” said Durieux. The SA Municipal Workers’ Union (Samwu) said it was disturbed by the attack on municipal workers by residents and driving school owners at the Shoshanguve centre and called for the protection of its members. The union’s regional secretary said they were hopeful a meeting planned for Monday between the transport department and the National Driving School Association of SA would end the impasse. Meanwhile, the Tshwane metro is in the process of applying for a court interdict against the protesting members to stop them from disrupting operations. Read the full original of the report in the above regard by Sipho Mabena on page 9 of Saturday Citizen of 5 March 2022. Read too, Tshwane wants courts to stop driving school protests over online bookings, at SowetanLive
CCMA in last-ditch mediation on Monday to avert wage strike at Sibanye-Stillwater’s gold mines BL Premium reports that in a final attempt to try to break a wage deadlock, the CCMA will on Monday facilitate a meeting between Sibanye-Stillwater management and a coalition of three mining unions that have voted to strike for higher wages at the company’s gold operations. William Mabapa of the National Union of Mineworkers (NUM) indicated that the intervention was a final attempt by the CCMA to see if the parties could reach an agreement before going on a strike. But he added that, while the coalition of mining unions including the NUM, Uasa and the Association of Mineworkers and Construction Union (Amcu) would attend the meeting, they remained resolute about downing tools if no favourable agreement could be reached. “If there is no better offer on the table to try to resolve the wage impasse by Monday, then we will proceed to serve the company with a 48-hour strike notice on the same day so that our industrial action can start by Thursday,” said Mabapa. The meeting on Monday comes after the CCMA presided over a balloting process that saw workers belonging to NUM and Uasa voting for a strike last Tuesday. Amcu members also voted for a strike, but by a show of hands. Meantime, Solidarity has accepted the company’s revised wage offer of a R700 monthly wage increase and a R100 increase in the living out allowance for three years for so-called ‘Category 4 to 8 employees’ and 5% a year over the course of the multiyear agreement for so-called ‘artisans, miners and officials’. Amcu, NUM, and Uasa remain steadfast in their demand for an increase of R1,000 a month or 6%. Spokespersons for the company said: “We made it clear that we are not going to increase the offer.” Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only). Read too, CCMA intervenes to avert strike at gold mines, at The Citizen. And also, Workers vote for a strike at Sibanye's gold mines, at Fin24
Fuel price may hit R40 a litre City Press reports that according to analysts, the Russian invasion of Ukraine could drive the local fuel price up to R40 a litre, while a fertiliser shortage and associated high prices could affect South African farmers and, consequently, food security. The ongoing war sent oil prices to more than $114 (R1,710) a barrel on Friday. By Thursday, the under-recovery on the fuel price was about R2.10/litre, which meant that fuel could become a further R2/litre more expensive next month, following this week’s R1.46/litre price hike at the pumps. André Thomashausen, emeritus professor of international law at Unisa, said that in a worst-case scenario, South Africans could expect to pay about R40 for a litre of fuel. Agricultural Business Chamber of SA chief economist Wandile Sihlobo wrote last week that there were concerns about the war’s effects on stocks and prices of wheat, maize and sunflower oil, of which Russia and Ukraine were major producers. In addition, Russia is important for agricultural inputs such as fertilisers and the minerals or chemicals used in them. Meanwhile, food price inflation in SA is rising rapidly. Agri SA is concerned about the rising input costs for farmers, which will be further burdened by Eskom’s tariff increase of more than 9%, which will come into effect on 1 April, as well as an increase of 6.9% in the national minimum wage. Dawie Maree of FNB Agriculture expects consumer price inflation and food inflation to rise in the short term. Fuel price inflation, which has a major impact on food prices, was 6.2% in the second half of January. Read the full original of the report in the above regard by Riana De Lange at City Press (subscriber access only) Other internet posting(s) in this news category
Clicks alerts public of scammers posing as the retailer and collecting R250 job verification fee from applicants Business Report writes that retail pharmacy chain Clicks has warned job seekers of scammers that are posing as the company and asking for R250 ‘verification’ fees from applicants. “Please be aware that there is a scam circulating asking for individuals to make a payment when applying for a job at Clicks. This is not authorized by Clicks,” said the company. According to an email sent by the grifters to applicants, the R250 was for background checks, a Covid-19 test, and to find out if those who applied had any criminal records. The fee was to be returned on the first day of ‘work’. The applicants were instructed to make the payments through Pep’s Money Transfer Services. “You should be prepared to receive a phone call from the H.R department after we have received your payment, that will give you all the confirmations and any other information you may require, such as start times, directions to your nearest branch and more,” the email indicated. Those who received the email were told that they would have their induction on Monday, 7 March at their nearest Clicks training centre. Detailed in the email was also the R6,000 salary. Read the full original of the report in the above regard by Xolile Mtembu at Business Report
Interns at Chris Hani Baragwanath Hospital battle to survive as salaries go unpaid EWN reports that a group of medical interns at the Chris Hani Baragwanath Hospital has not been paid a single salary so far this year and many say that they are battling to buy food and pay for transport, with unsympathetic landlords breathing down their necks. The Gauteng Health Department said that the 10 interns concerned were not yet on the government's payroll system, but officials claimed that they would be paid this week. But one intern has already resigned. "It has taken a toll on me, like emotionally and physically as well. I have lost so much weight because I'm starving. We don’t even have food," the intern said. One intern was told on 15 January that she would receive her first salary but the money never arrived. She was then promised that the cash would be incoming in February, but that also turned out to be an empty promise. Now she and other interns are battling to survive while the government sorts out its admin problems. The Gauteng Health Department indicated that often there were more interns allocated to certain hospitals in the province than available posts. This apparently created a delay with payments as the government first had to create a post on its electronic system before any salary could be deposited into an account. Read the full original of the report in the above regard by Mia Lindeque at EWN. Read too, 'This has stripped us of our dignity': Gauteng intern doctors in payment snafu, at TimesLive SA-based Cuban doctors take home salaries even as intern doctors at Bara remain unpaid The Citizen reports that the Department of Health continues to pay expert Cuban doctors high salaries despite expired contracts, even as doctors at Chris Hani remain unpaid. According to Democratic Alliance (DA) Gauteng shadow health MEC Jack Bloom, the department spent R30.3 million on Cuban doctors last year and still employed 14 of them at between R78,000 and R91,000 a month. Saying the government’s misplaced loyalty to Cuba was outdated, he also claimed that 10 intern doctors at the Chris Hani-Baragwanath Academic Hospital were “suffering” as they have not been paid this year. “They do invaluable work in 12- hour shifts, but things are getting desperate as some of them are going hungry and don’t have money for transport,” said Bloom. Health MEC Dr Nomathemba Mokgethi indicated that some Cuban doctors were still employed due to a government-to-government agreement. She confirmed that 14 Cuban doctors were at primary health care facilities. But, Bloom said the contracts for the 28 Cuban doctors employed in May 2020 for a one-year period expired in May last year. “It is disappointing that the department still employs 14 of them when local doctors are unemployed,” he stated. Read the full original of the report in the above regard by Marizka Coetzer at The Citizen
Joburg Mayor Mpho Phalatse not backing down from review of the appointment of 130 former ANC political staff IOL reports that the City of Johannesburg’s mayor Dr Mpho Phalatse is adamant that the municipality is going ahead with reviewing the appointments of former ANC political staff members despite protests from the SA Municipal Workers’ Union (Samwu) and the ANC. Mike Moriarty, chief of staff in Phalatse’s office, dismissed the ANC’s assertion that the move was illegal. Reacting to the ANC’s Joburg secretary Dada Morero, Moriarty said: “The conversion was unlawful as confirmed by two legal opinions obtained by council.” Earlier, however, Morero claimed: “These employees were converted to permanent employees through a legitimate process undertaken by the Mayoral Committee. This decision was made public and known to everyone and every political party within our city. It must also be noted that the converted employees are mainly junior in the political offices and the conversions included all employees appointed during the Mashaba administration. Directors and deputy directors in these offices were maintained on contract and not converted in line with the mayoral committee decision for their contracts to remain effective for six months after the election of a new political administration.” According to Morero, Phalatse’s action will unnecessarily cost the city millions in legal actions that the city has no prospects of winning. Read the full original of the report in the above regard by Baldwin Ndaba at IOL. Read too, DA set to fire 130 people, on page 8 of The Citizen of 4 March 2022 Standoff looms between Joburg City and 130 staff earmarked for dismissal SowetanLive reports that a showdown is looming between the City of Johannesburg and 130 employees who were issued with notices to explain why the city should keep them on its payroll. The city recently passed a resolution rescinding the conversion of their fixed-term contracts into permanent posts in a move seen by some as a political purge. The staff had until Friday to submit reasons as to why they should keep their jobs. The city has denied that its move was a purge of politically linked staff, saying the decision was based on compliance and followed the Municipal Structures Act. On Thursday, Joburg mayor Mpho Phalatse remained steadfast that the city would implement the resolution, terming the conversion an “illegal” decision taken by the ANC-led government. The 130 workers were absorbed in February 2020 under the late mayor Geoff Makhubo, after the ANC took over Joburg’s administration in October 2019 following former DA mayor Herman Mashaba's resignation. Karabo Ramahuma of the SA Municipal Workers' Union (Samwu) said they would reciprocate the hostility exhibited by the municipality. “As employees, we tried to be cordial and it was reciprocated with hostility. This is a witch-hunt and the only other platform to use would be a court of law… We're heading for a legal showdown as council doesn't have the powers to reverse our employment,” Ramahuma said. According to Phalatse, the 130 personnel would cost the city at least R80m a year. She said the conversion of the contracts had been an attempt to use the city coffers to build an army of [ANC party] loyalists. Read the full original of the report in the above regard by Nomazima Nkosi at SowetanLive. Read too, ANC digs in its heels over contract conversions saga for City of Joburg political staff, at News24 Samwu chases away ANC manager of Steve Tshwete local municipality, vows to protest until his term expires The Citizen reports that Bheki Khenisa, municipal manager of the Steve Tshwete local municipality, which is centred around Middelburg, was forced two weeks ago to resign by striking members of the SA Municipal Workers Union (Samwu). He was the man who helped put the ANC-run municipality in Mpumalanga back on its feet, but he was been chased away by the union, which claimed he was a dictator. Despite Khenisa’s official resignation and the fact that he has vacated his office in Middelburg, Samwu still vows that the strike will continue until 1 April, just to wait for Khenisa’s term to officially expire. But, some believe the continued strike is unnecessary because demands were met. The strike turned violent last month when the home and a Nissan bakkie belonging to Samwu’s lead wage negotiator and senior shop steward, Kgosi Makwati, was petrol-bombed by unknown attackers. He escaped uninjured but his property was damaged, as was that of a neighbour. New executive mayor Mhlonishwa Masilela has warned the strikers to return to duty, failing which they wouldn’t be paid their salaries. Services such as sanitation, refuse removal, pipe bursts, power outages and other municipal functions have come to a standstill. Under Khenisa and former mayor Diphala Motsepe, Steve Tshwete was in the news for its impressive service delivery record in which potholes, water leaks and pipe bursts were attended to within 48 hours. Read the full original of the report in the above regard by Eric Naki on page 6 of The Citizen of 3 March 2022
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