Today's Labour News

newsThis 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.

news shutterstockIn our Wednesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.


TOP STORY – ESKOM WAGE NEGOTIATION TURMOIL

Worst power cuts in two years kick in due to illegal Eskom strike; unions deny Gordhan’s claim that wage agreement has been reached

BusinessLive reports that after several days of illegal strikes by Eskom workers due to wage negotiations gone awry, and with diesel reserves at its emergency power plants running low, the state-owned power utility announced on Tuesday that it had to implement stage 6 load-shedding for the first time since 2019. Despite some progress being made in the wage negotiations, with Eskom tabling a new offer to unions on Tuesday afternoon, more power cuts became necessary, while work got under way to resume maintenance that was not carried out during the strike. Due to the illegal industrial action, up to 90% of staff at many power stations could not perform their duties while subjected to intimidation from striking workers, Public Enterprises Minister Pravin Gordhan said at a news conference.   He claimed that extensive negotiations on Tuesday yielded “a wage agreement” between unions and Eskom, and that part of the deal was for workers to return to their posts on Wednesday — a statement that was in conflict with the two main unions at the power utility. In a joint statement, the National Union of Metalworkers of SA (Numsa) and the National Union of Mineworkers (NUM) said that a new wage offer from Eskom would be tabled at the Central Bargaining Forum on Friday. “There is no agreement reached with Eskom. We can confirm there is an offer on the table that will be presented to our members, but this offer has not yet been accepted.   We still need to consult with our members,” said NUM spokesperson Livhuwani Mammburu. He declined to disclose the details of the new wage offer.   Meantime, AfriForum said it had instructed its legal team to bring an urgent court application “to compel law enforcers to take action against striking Eskom employees who are intimidating and harassing their colleagues”. The civil rights organisation said this step was made necessary because Eskom had failed to enforce a court order on Friday declaring the strike illegal.

Read the full original of the report in the above regard by Denene Erasmusat BusinessLive. Read too, Gordhan hopes all Eskom staff will return to work, as wage negotiations resume, at Moneyweb. En ook, Fase 6-beurtkrag is hier, by Maroela Media

Unions call on members for situation to be ‘normalised’ at Eskom plants after progress in wage talks

TimesLive reports that on Tuesday two unions whose members have downed tools at Eskom plants across the country called on their members to return to work after progress between themselves and the power utility in wage talks. The National Union of Mineworkers (NUM) and the National Union of Metalworkers of SA (Numsa) issued a joint statement after two days of wage talks. “NUM and Numsa can inform the public and our members at Eskom that the bilateral meeting this morning has registered considerable progress. Negotiations have been able to break new ground with a new offer which will be tabled at the Central Bargaining Forum (CBF) on Friday,” the unions stated.   They went on to indicate:   “Given that Eskom has finally agreed to return to the negotiating table and there is a new offer which will be formally presented on Friday in the CBF, NUM and Numsa leadership are calling on our members at Eskom to give the process of negotiations a chance.   This includes consultation processes with workers themselves on the new offer that is a product of negotiations between the two unions and Eskom over the past two days to unlock the deadlock.” In light of these developments, the unions called on workers at Eskom to “normalise” the situation and to “give this process and the CBF meeting on Friday the necessary chance to settle the dispute.”

Read the full original of the report in the above regard at TimesLive. Lees ook, Vakbonde maan Eskom-werkers om terug te keer, by Maroela Media

Other internet posting(s) in this news category

  • Gordhan hopes Eskom back to normal on Wednesday, blames intimidation for stage 6 load-shedding, at TimesLive
  • Striking Eskom workers say they cannot survive on their salaries, at SowetanLive


OCCUPATIONAL SAFETY

Nurses, guards robbed at gunpoint inside Limpopo clinic on Monday

IOL reports that provincial commissioner of police in Limpopo, Lieutenant-General Thembi Hadebe, has established a high-level team of investigators to probe an armed robbery which took place at Sambandou Clinic in the Vhembe District in the early hours of Monday. Limpopo police spokesperson Brigadier Motlafela Mojapelo reported: “Three suspects allegedly entered the clinic using the back fence at about 1.30am and approached the guard room. They suddenly pointed the security guards on duty with firearms and demanded their work pistols. They did not find any and instead robbed them of their cellphones and proceeded to the clinic building where they robbed the nurses’ cellphones, money and car keys of a silver grey (Toyota) Fortuner of one nurse at a gunpoint.”   Mojapelo said the robbers used the nurse’s car to flee the scene. The vehicle was later found abandoned at Vyeboom in Vuwani policing area.   Hadebe appealed to community members to assist by providing information about the assailants.

Read the full original of the report in the above regard by Jonisayi Maromo at IOL. Lees ook, Verpleegsters, wagte by kliniek beroof, by Maroela Media


MANDATORY COVID-19 VACCINATIONS

Nehawu at odds with parliament over 'mandatory' Covid-19 vaccinations

TimesLive reports that the battle lines have been drawn in parliament with the National Education, Health and Allied Workers’ Union (Nehawu) rejecting an instruction for staff to get Covid-19 vaccinations or be prepared to do PCR tests at their own expense when they go to the legislature. On 10 June, then acting secretary to parliament Baby Tyawa wrote to parliament’s employees saying: “All employees of parliament are encouraged to vaccinate. Employees who are not vaccinated should have a valid Covid-19 negative test when going to the precinct which will be for their own cost.   Those employees whose work pose a risk of transmission or a risk of severe Covid-19 disease or death due to their age or comorbidities will be requested to vaccinate or [be] handled according to a context specific approach.” But Nehawu, which represents an overwhelming majority of parliament’s workforce has rejected Tyawa’s call. Branch chairperson Sthembiso Tembe responded five days later objecting the “unilateral and draconian top down decision”. Tembe said while they had been supporting all the measures put in place to mitigate and shield parliament from the negative effect of the virus, there was no national legislation that empowerd employers to force workers to do a mandatory vaccination or Covid-19 test.   He charged that the “unilateral directive” was in violation of a recognition agreement between Nehawu and parliament’s management. Tembe maintained that there was no consultation with the union and that even if there was such, they would not have agreed “with such an unreasonable decision”. “We stand ready and available to be consulted by the (newly-appointed) secretary and management of parliament in this regard, but you will find it hard to convince us to agree to such decision,” he indicated.

Read the full original of the report in the above regard by Andisiwe Makinana at TimesLive


INDUSTRIAL ACTION

Over 500 Eastern Cape health workers downed tools on Monday demanding payment of rural allowance

GroundUp reports that about 500 nurses and nursing assistants at six hospitals and clinics under the Raymond Mhlaba Local Municipality in the Eastern Cape protested on Monday, demanding to be paid a R1,200 rural allowance. The protest saw many sick patients stranded at the facilities as nurses downed tools.   According to the nurses, the allowance is part of an agreement made between unions and the provincial health department at a 2019 bargaining council. The allowance was paid to all nurses working in rural areas until it was stopped in 2007. But the provincial department said that only 28 nurses who were named and won in an arbitration matter against the state were due to benefit from the allowance.   Yonela Dekeda, provincial health department spokesperson, said that the rural allowance was being paid in accordance with a collective agreement negotiated and signed by the employer and trade unions and it listed the professionals working in the rural areas who should qualify for the allowance in question. She said that the nurses currently protesting were in work categories lower than the professional nurses. “From the employer’s perspective, these categories are not listed as part of the professional nurses that are to benefit from the rural allowance agreement,” Dekeda asserted. She denied that the head of the provincial health department, Dr Rolene Wagner, had walked out of the meeting with nursing representatives last Friday. A response from the National Department of Health, advising the provincial department that the matter was receiving urgent attention, had apparently been shared there. The protest was due to continue on Tuesday morning.

Read the full original of the report in the above regard by Mkhuseli Sizani at GroundUp


MINING LABOUR

Implats and Amcu sign multi-year wage deal with average increases of 6.6% over five year period

BL Premium reports that platinum group metals (PGMs) producer Impala Platinum announced on Tuesday it had signed a five-year pay hike deal with the Association of Mineworkers and Construction (Amcu) which will see workers getting inflation-beating increases over the multi-term agreement. The settlement is effective from 1 July. The group employs more than 50,000 people across its operations.   Implats said the pay hike deal assured employees of increases to “all major components of remuneration over the next five years including basic salaries, living-out and home-ownership allowances, medical aid and pension fund contributions”. It added that the agreement “is in line with current mining inflation of 6.5% and considers the reality of sustained inflationary pressures faced by our employees.” Implats spokesperson Johan Theron indicated that the deal would translate into employees pocketing average increases “of 6.6% over the five year period”.   Amcu’s Jimmy Gama commented that the pay hike deal was a “great achievement” for workers battling with the rising cost of living. He said the lowest-paid workers would receive increases of R1,150 in year one and up to R1,500 in the last year of the deal.  Gama added that the new strategy by Amcu, the biggest union in the platinum sector, to reach wage agreements amicably “goes with improved maturity and understanding between parties, and being able to put aside negativity and focus on what’s good for company and workers at large”. In May, Anglo American Platinum announced it had entered into a five-year wage agreement with Amcu, the National Union of Mineworkers and Uasa for above-inflation increases for employees.

Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only). Read too, Implats, Amcu sign five-year wage deal, at Mining Weekly

Numsa suspends strike at three mining contracting companies at Implats

The Citizen reports that the National Union of Metalworkers of SA (Numsa) has indicated that wage negotiations with three mining contracting companies, namely Triple M, Reagetswe, and Newrak, were now set to get underway after its strike was called off. At least four thousand members affiliated to the union embarked on protest action last Monday to voice their grievances on a number of issues relating contract workers at Impala Platinum (Implats) and the disparity of earnings between employees. Numsa said it met with its members who are employed by the three mining contractors on Monday. Spokesperson Phakamile Hlubi-Majola stated: “Our members agreed to suspend the strike at Newrak to allow for talks between the employer and the union to resolve these issues. We will be meeting with Newrak on Tuesday the 28th of June. If these talks fail and we do not find each other, we have the right to continue with the strike. The strike at Reagetswe and Triple M has been interdicted and therefore strikes at both these companies have been suspended as well and workers have returned to work.”   She went on to indicate: “This week Numsa will be approaching the CCMA head office in Johannesburg to enforce the labour court order, ordering it to conduct verification at Reagetswe.” She said the issue of organisational rights was a “burning issue” and it was the main reason its members went on strike. Hlubi-Majola also said the pay gap between permanent employees and contract workers was huge, and Numsa was determined to fight to eradicate this “neo-Apartheid wage gap created by Implats.”

Read the full original of the report in the above regard by Faizel Patel at The Citizen

Other general posting(s) relating to mining

  • Opinion: Government policy drives inequality in the mining sector, at BusinessLive


EMPLOYMENT DATA

Total employment increased in first quarter of 2022, but full-time employment lagged behind part-time employment

BL Premium reports that while SA’s total employment has increased on both a quarterly and annual basis, there is concern that full-time jobs have lagged behind part-time employment. Stats SA announced on Tuesday that employment increased by 42,000 jobs, or 0.4%, from 10,062,000 in December 2021 to 10,104,000 in March 2022, bringing the total number of employed people to about 10.1-million.   On an annual basis, employment increased by 200,000, or 2.0%, between March 2021 and March 2022. Stats SA indicated the increase in employment was largely due to increases in the community services, manufacturing and mining sectors. But the data showed that full-time employment continued to lag behind part-time employment, increasing by only 1,000 jobs between December 2021 and March 2022.   Full-time employment increased by only 8,000 jobs over the past 12 months, while part-time employment increased by 41,000, or 3.5%, quarter on quarter, from 1,182,000 in December 2021 to 1,223,000 in March 2022. Part-time employment increased by 192,000 year on year between March 2021 and March 2022. However, SA’s employment rate remains below pre-pandemic fourth-quarter 2019 level by almost 288,000, or 2.8%. At 34.5%, SA is still battling one of the most dismal overall unemployment rates in the world.

Read the full original of the report in the above regard by Thuletho Zwane at BusinessLive (subscriber access only)


ZIMBABWEAN EXEMPTION PERMIT (ZEP)

Motsoaledi advises Zimbabwean Exemption Permit holders to ignore ‘false hope’ created by Helen Suzman Foundation’s legal challenge

The Citizen reports that Department of Home Affairs (DHA) Minister Aaron Motsoaledi has slammed the Helen Suzman Foundation (HSF) for lodging legal action to challenge his department’s decision to terminate the Zimbabwean Exemption Permit (ZEP). In November last year, Cabinet decided not to renew the ZEP beyond the end of December this year, a decision likely to affect more than 150,0000 Zimbabwean nationals who live, study and work legally in SA under the permit. The DHA on Tuesday lashed out at the HSF, saying the foundation’s legal action was a perfect example of the destructive role that some non-governmental organisations (NGO) were capable of. The DHA’s spokesperson Siya Qoza claimed the decision of the minister not to extend the exemptions granted to Zimbabwean nationals had wide support from South African citizens and went on to say: “The HSF, in its desperate bid to blackmail the nation, is twisting the support for the minister’s decision by the majority of South African citizens as being ‘xenophobic’. Nothing could be further from the truth.” While HSF’s access to the courts was guaranteed in the Constitution, this, according to the department, should not be a licence to abuse the Bill of Rights by some “armchair critics”. Motsoaledi called on all affected Zimbabwean nationals to ignore the “false hope created by the HSF” and adhere to the procedures outlined by his department in various public notices and communication.

Read the full original of the report in the above regard compiled by Thapelo Lekabe at The Citizen. Read too, South Africa defends plan to send 178 000 Zimbabweans back home, at Moneyweb


EXECUTIVE PAY

Naspers scraps long-term executive bonuses for the current year in drive to close group’s value gap

BL Premium writes that Naspers executives are putting their money where their mouth is with pay for the 2023 financial year tied directly to the success of an ambitious attempt to close a value gap between the group’s market worth and its underlying assets. Naspers remuneration policy has been criticised in the past for being opaque and unjustified. Shareholders and critics said that executives were largely benefiting from an appreciation in the Naspers share price, which has been driven mostly by its one-third stake in Chinese internet giant Tencent. In its remuneration report, published on Monday, the group announced a short-term incentive for closing the discount gap, scrapping long-term bonuses for the current year. Total remuneration for an executive director at Naspers takes into account the base salary, short-term incentives (STIs) and long-term incentives (LTIs). “We believe strongly that discount reduction is fundamental to maximising shareholder returns and desire to ensure the CEOs’ and CFO’s incentives are aligned with those of our shareholders. It is in this light that the committee decided not to award LTIs for FY23,” said Craig Enenstein, chair of Naspers’s HR and remuneration committee. Intended to bring executive pay more in line with closing the discount and shareholder interests, Naspers boss Bob van Dijk is set to receive a higher short-term bonus for the current financial year that will be capped at €3.2m.   Last year, long-term bonuses accounted for 82% of his total compensation. Van Dijk can earn a maximum of €5.9m, while CFO Basil Sgourdos can go up to €4.1m. Van Dijk received €13.3m in the year to end-March.

Read the full original of the report in the above regard by Mudiwa Gavaza at BusinessLive (subscriber access only)


DISMISSAL FOR USING CANNABIS

Labour Court rules that being fired for using cannabis use is not unfair discrimination

GroundUp reports that a long-serving employee who was fired after repeatedly testing positive for cannabis, in breach of the company’s rules, has failed in her bid to be reinstated. Bernadette Enever, who had been employed in an office position at Barloworld Equipment since 2007, said she used cannabis oil for medicinal reasons and smoked it recreationally for “spiritual” reasons”. She wanted the Labour Court to declare her dismissal in April 2020 to be grounded in “unfair discrimination” and automatically an unfair dismissal. But Johannesburg Labour Court Acting Judge Makosho Ntsoane dismissed her application, saying the company treated all employees the same. If Enever needed to use cannabis for medicinal purposes, she should have presented evidence of that. Instead she had only made the claim as an “afterthought”, after she had been caught out. The judge noted the company had a zero tolerance policy towards alcohol and drugs and required employees to undergo regular tests. When Enever had first tested positive, she was placed on seven-day “cleaning up” leave, a process which entailed that the test would be repeated weekly until she tested negative. Enever continued to fail the weekly tests for a month and she was charged with breaching the company’s Alcohol and Substance Abuse Policy.   Following a hearing, she was fired, with the chairperson indicating that there was no point in giving her a final written warning because she had “unequivocally refused to give up consumption of the cannabis”. The judge dismissed Enever’s claims of discrimination and automatically unfair dismissal, but made no order as to costs.

Read the full original of the informative report in the above regard by Tania Broughton at GroundUp


UNFAIR DISMISSAL BY PUBLIC PROTECTOR

Public Protector ordered to reinstate and pay R1.5m to official who was dismissed for calling for probe into Mkhwebane

News24 reports that the Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled against the Public Protector (PP) in a case regarding the dismissal of former Free State provincial head, Sphelo Hamilton Samuel. The CCMA ordered the Chapter 9 institution to reinstate Samuel and to back-pay the official an amount of R1.5 million. PP Busisiwe Mkhwebane dismissed Samuel after he wrote to Parliament in 2020 requesting an investigation into her conduct as well as the financial mismanagement at the institution. In ruling in favour of Samuel, the commissioner, James Ngoako Matshekga, ordered the PP to reinstate Samuel before 4 July 2022, in addition to the payment of 12 months' salary, or R1.5 million. "The dismissal of the applicant [Samuel] by the respondent [the Public Protector] was substantively unfair, but procedurally fair," Matshekga said in his award. Mkhwebane did not testify during the process. Mkhwebane has been in the spotlight as Parliament forges ahead with its inquiry into her fitness to hold office, despite her attempts to prevent it. Last month, President Cyril Ramaphosa suspended Mkhwebane.

Read the full original of the report in the above regard by Azarrah Karrim at News24


OTHER HEADLINES / ARTICLES OF INTEREST

  • SA Reserve Bank says it will continue aggressively hiking interest rates, at Business Report
  • Black Sash is taking government to court to overturn means test for R350 social relief of distress grant, at Fin24

 


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