In our Tuesday morning roundup, see
summaries of our selection of South African
labour-related reports.
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Eskom ordered to cease practice of not shortlisting members of non-designated groups for advertised positions Moneyweb reports that the Labour Court in Cape Town has ruled that Eskom’s practice of not shortlisting members of non-designated groups for advertised posts amounts to an absolute barrier and is not an affirmative action measure as contemplated by the Employment Equity Act (EEA). Judge Hilary Rabkin-Naicker on Friday further ordered that “Eskom must take remedial steps to ensure that the said practice ceases”. Rabkin-Naicker issued these orders in a judgment to an application brought by Solidarity on behalf of Mr Altus Erasmus. The judgment referred to the fact that Erasmus was shortlisted for a post graded on Eskom’s “M16 Grade” because he described himself as “African” on the application form, and confirmation from Eskom officials that Erasmus would not have been shortlisted “in that round” of the application process if he had described himself as a “white male”. Rabkin-Naicker pointed out that there was no dispute that a white male, in terms of Eskom’s practice of implementing its affirmative action measures, had no possibility of being shortlisted for the post in question. “It appears to the court that the inflexible and blunt instrument practiced at the shortlisting stage must be recognised as an absolute barrier to the ability of members [of] non-designated groups to compete with employment equity candidates from the inception of a recruitment process,” she stated. Rabkin-Naicker ruled that Eskom had “unfairly discriminated” against Erasmus and ordered it to pay him compensation equal to 18 months of his salary at the time he applied for the post of manager for site outage execution at a peaking power station for Eskom’s group technology division. In regard to the relief sought by Solidarity and Erasmus, Rabkin-Naicker said the court would not usurp the role of the employer and promote Erasmus. Read the full original of the report in the above regard by Roy Cokayne at Moneyweb. Read too, Eskom can't create 'absolute barrier' to shortlisting white men for jobs, court rules, at Fin24
Cape Town cop gunned down outside his home in Delft News24 reports that the Hawks (Directorate for Priority Crime Investigation) in the Western Cape are investigating the killing of a Cape Town police officer outside his family home in Delft over the weekend. Detective Sergeant Nkosi Wellen, 44, who was attached to the Philippi East police station, was shot dead by unknown suspects on Saturday night. Western Cape police spokesperson Colonel Andre Traut advised that Wellen had been off duty at the time of the shooting. Police and Prisons Civil Rights Union (Popcru) acting provincial secretary Xolile Marimani condemned the murder. He said that the killing of any officer was an attack on the state and harmed the reputation of the police to keep the community safe. Popcru called for "very harsh punishment" for criminals who attacked the state. Read the full original of the report in the above regard by Lisalee Solomons at News24 Labour department’s investigation into deadly incident finds that Ballito sand bank was not properly secured The Mercury reports that the KwaZulu-Natal (KZN) Department of Employment and Labour has indicated that, while the investigation into the deadly collapse of a sand bank in Ballito recently was still ongoing, preliminary findings have revealed that the bank collapsed because it was not properly secured. The collapse left four construction workers dead and another injured. Provincial chief inspector Mlungisi Zondi confirmed that the investigation into the incident was still in progress. “There are no detailed findings to share except that the sand collapsed because it was not properly secured,” he said. Zondi said that at the current stage of the investigation the experts to be involved would be determined by the investigation. “First we do administrative compliance and look at what was done by parties involved. After that, we assess that and then compare it with our technical report. The department has the necessary skills to draw a reasonable conclusion. Should we require specialist knowledge we don’t possess, we will use external service providers,” he indicated. Meanwhile, trade union federation Cosatu has called on the department to include union representatives as observers in investigations involving workers who have been injured or killed while on duty. Read the full original of the report in the above regard by Karen Singh at The Mercury Several construction sites closed in Southern Cape after blitz by labour department Cape Argus reports that the Department of Employment and Labour (DEL) in the Western Cape has confirmed that several construction sites in the Southern Cape have been closed as a result of a blitz conducted last week. Between 100 and 150 construction sites were visited by the department since 20 May. This was in response to the devastating collapse of a partially-built five-story building in George on 6 May. Sixty-two people were on the site at the time of the incident and thirty-four people died. The exact figures of how many construction sites were closed last week will be released this week. One construction site was closed due to a violation in terms of the Occupational Health and Safety Act. DEL Provincial Chief Inspector David Esau said on Friday: “We are still in the process of concluding the project of this week in the Southern Cape. What we have uncovered is especially the issue around (illegal) foreigners in the construction sector and so we wanted to check, because the example, based on the George collapse has indicated to us that quite a number of (illegal) foreigners are working on the construction site and that’s the reason why we wanted to see if the other construction sites comply or not comply with the issue of migration. And then obviously the safety conditions on the construction site.” He added: “It is not within our mandate to have people arrested. It’s in our mandate to hand the documents or copies of permits and passports over to Home Affairs who will then do the verification and go forward with any arrests should they find anyone.” Read the full original of the report in the above regard by Shakirah Thebus at Cape Argus Other internet posting(s) in this news category
Uncertainty over coal jobs ahead of South Africa’s elections Reuters reports that growing up surrounded by the towering smokestacks of coal-fired power stations, 22-year-old Siya Mokoena's life is inextricably linked to the coal industry that dominates his hometown of Emalahleni in Mpumalanga. Like many in Emalahleni, generations of Mokoena's family have worked in the coal sector. His father, a miner, was laid off in March when his mine was shut down. Now as South Africans vote in the 29 May general elections, many in the coal-rich region fear their main concern is being ignored - whether they will still have a job when the country shifts to green energy. Mokoena, a local radio journalist and climate activist commented: "I think it is fair to say that almost everyone in Emalahleni has a relationship with coal. Funnily enough, I haven't really seen anything about the green jobs, or any sort of campaign that speaks about how the government plans on addressing (the) just transition." But while political parties focus on job creation, ending power cuts, and curbing violent crime and corruption, largely absent from the debate has been the bold plan towards a just transition that shifts responsibly from coal to renewables. Mpumalanga is the heart of SA’s coal industry, with more than 100 mines and 12 coal-fired power stations. It produces 80% of the country's power supply and directly employs more than 90,000 people. Yet many find themselves unsure of what the green transition entails and fearful of what it means for them. "There are no solar or wind farms, no upskilling, no unions consulted. Just silence from government - and this hasn't changed in the build-up to the elections," Zethu Hlatshwayo, spokesperson for the Khuthala Environmental Care Group, pointed out. Read the full original of the report in the above regard at Mining Weekly
Jobs in the farming sector increased across most subsectors in the first quarter Financial Mail columnist Wandile Sihlobo writes that SA’s agricultural sector has had a rough start to the year, characterised by El Niño-induced drought, but the employment conditions remain encouraging. Data recently released by Stats SA shows that employment in primary agriculture lifted by 6% year-on-year to 941,000 in the first quarter of 2024. This was also up 2% from the last quarter of 2023. Sihlobo points out that the significant drought damage was concentrated on the summer grains and oilseed regions, not across all agricultural subsectors, which somewhat explains the resilience in job data. Another consideration is that there could be a lag in fully accounting for agriculture's financial pressures resulting from the drought and the effect on employment afterwards. Nonetheless: “We can observe from the current data that jobs generally increased across most subsectors of agriculture in the first quarter compared with the corresponding period last year. The decline in employment was only in the production of organic fertilisers, fishing, and fish hatcheries.” From a regional perspective, the Eastern Cape, Northern Cape, North West, Gauteng, and Mpumalanga were behind the annual uptick in agricultural employment. These provinces broadly comprised various agricultural commodities or value chains. Surprisingly, the Western Cape, KwaZulu-Natal and Limpopo were among the provinces that recorded a mild decline in employment in the first quarter compared to 2023. Read the full original of the report in the above regard by Wandile Sihlobo at Financial Mail
Big challenges for domestic workers in South Africa BusinessTech reports that median wages currently earned by domestic workers are far below the National Minimum Wage (NMW) even as these employees face the prospect of job losses and rising debt. Data from Stats SA shows that domestic workers have the lowest median salaries in the country, coming in at around R2,350 a month. This is less than half the national median of R5,417 a month and below the national minimum wage, which amounts to approximately R4,400 a month. Sweepsouth’s domestic worker survey for 2023 showed that domestic workers in the country still earned, on average, much lower than the NMW, with female domestic workers at R2,989 per month. Stats SA has recorded 869,000 domestic workers in the country. Pre-Covid-19, SA employed over 1 million domestic workers. Industry reports pointed to around 250,000 domestic workers losing their jobs during the pandemic. By the end of 2023, only around 125,000 of those jobs had been recovered – a 50% recovery rate. The latest employment data has further dented this, showing a net loss of around 132,000 domestic worker jobs, with total employment is still around 20% lower than pre-pandemic levels. Included in the figures in the latest Quarterly Labour Force Survey (QLFS), was a loss of around 7,000 domestic worker jobs. Among the most vulnerable workers in SA, domestic workers are even more vulnerable. “Almost no domestic workers are part of a union despite having endured numerous challenges, including economic instability, recession, and the pandemic, placing them at significant risk as employers seek cost-saving measures through downsizing or job eliminations. Their lower skill requirements render them more susceptible to layoffs or workforce reductions,” Eighty20 pointed out. Amid increased household costs, increased administrative burdens, and even increased levels of emigration, domestic workers stand to lose out. Read the full original of the report in the above regard at BusinessTech
Labour federations hail prospect of more stability in local government councils BL Premium reports that labour federations have welcomed the introduction of a draft bill aimed at bringing stability into the beleaguered local government sector. If enacted, the provisions in the bill could help improve service delivery and the functioning of coalition-run councils, they said. Co-operative governance & traditional affairs (Cogta) minister Thembi Nkadimeng recently published for public comment the Local Government: Municipal Structures Amendment Bill of 2023. It is devised to overhaul the country’s local government laws by making it more difficult to remove executive mayors, speakers, and chief whips. It also calls for the election or removal from office of municipal office bearers to be by a show of hands rather than a secret ballot. This is “to avert a situation whereby corrupt activities influence voting in council meetings.” The draft bill is also aimed at strengthening hung local councils by calling for written and “binding coalition agreements” between parties. Cosatu’s Matthew Parks said the new bill responded positively to the “instability we have seen across many municipalities where parties have been unable to form coalitions or where coalitions have been inherently unstable”. Saying that the provisions in the bill provided a progressive framework for further engagements, he added: “We cannot afford to allow the chaos of coalitions to undermine service delivery. That is a price workers cannot afford.” Trevor Shaku of the SA Federation of Trade Unions pointed out that the bill introduced significant changes and would “stabilise the local government by improving the functionality of municipalities governed by coalitions, continuity of projects and service delivery”. He lamented that the instability created by competing interests of political parties in coalitions meant mayors were changed almost immediately after being installed. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive
Former Ekurhuleni contract workers refuse to accept the compensation ordered by Labour Court and demand jobs instead GroundUp reports that former City of Ekurhuleni contractors have petitioned the Gauteng Legislature to compel the municipality to hire them, among other demands. The workers were first employed by Ekurhuleni municipality under a job creation programme called the Lungile Mtshali Development Plan Project in 2014. However, shortly before their contracts ended in 2015, the workers approached the SA Local Government Bargaining Council to request permanent employment. A few months later, the workers were hired by a company called Hlaniki Investment Holdings to do the same jobs that they had been doing for the municipality. Frustrated that they were outsourced rather than given permanent jobs, the workers returned to the bargaining council. The case then went to the Labour Court, where the application to be reinstated was dismissed in 2020. The court instead awarded compensation of up to R24,000. But workers insisted that they want permanent jobs rather than compensation and so they refused to accept the compensation. Now, several years later, the workers are still unemployed. They want Premier Panyaza Lesufi’s office and other provincial government departments to intervene. On Saturday about 100 of the former workers gathered on a field along Railway Road in Germiston. During the meeting, they signed a petition which representatives will present to officials in the Gauteng Legislature. The main demands are for the compensation amount to be increased and for the municipality to absorb them. Municipality spokesperson Zweli Dlamini said these workers were never employed by council but had “participated in a legacy project which has ended.” Read the full original of the report in the above regard by Kimberly Mutandiro at GroundUp
Solidarity asks court to declare NHI law unconstitutional and invalid BusinessLIve reports that trade union Solidarity has asked the North Gauteng High Court to declare the National Health Insurance (NHI) Act unconstitutional and invalid, thereby setting in motion a legal battle with potentially far-reaching implications. The Act lays the legislative foundation for extensive reforms aimed at achieving universal health coverage that will be free at the point of delivery. It was signed into law by President Cyril Ramaphosa on 15 May 2024. More than half a dozen organisations have signalled their intention to litigate. Solidarity launched its high court application on Friday, citing as respondents the health minister, health director-general, the president, the finance minister and the National Treasury. It had previously indicated that it would serve court papers if Ramaphosa did not withdraw the legislation before 23 May 2024. The NHI Act was vague, impractical and totally unaffordable, said Solidarity’s deputy CEO for legal affairs, Anton van der Bijl, in his founding affidavit. It was unconstitutional on several grounds, including the fact that it threatening medical scheme members’ existing access to healthcare, he claimed. Aspects of the Act said to be vague included lack of detail on how the NHI would be funded and the services it would provide. Health department spokesperson Foster Mohale said legal threats would not deter the government from its efforts to transform the health system. While the Act has been signed into law, none of its sections have yet been proclaimed, which means none of its provisions have been brought into effect. “We will make an announcement as soon as sections are proclaimed, and regulations will [provide] the details of how this will be implemented,” said Mohale. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive. Lees ook, Solidariteit-krisisberaad: Partye, drukgroepe verenig aanslag teen NGV, by Maroela Media Other internet posting(s) in this news category
Fired KwaZulu-Natal teacher who had sex with pupil gave her R500 for pregnancy test News24 reports that a KwaZulu-Natal teacher deposited R500 into a pupil's bank account for a pregnancy test after having sex with her. The shocking details of T Mchunu's sexual relationship with a pupil, who was under the age of 18, were revealed during an arbitration hearing conducted by the Education Labour Relations Council (ELRC) after he was charged with misconduct. On 16 May, the ELRC fired the teacher of Busana High School in Greytown, the KwaZulu-Natal Midlands, after finding him guilty of having a sexual relationship with a pupil. According to the ELRC proceedings, the girl testified she and Mchunu were involved in "a love relationship and were dating" after he approached her in 2021 when she was 16 years old and in Grade 11. He "pursued" her until January 2022, her matric year, and she finally agreed to start a relationship with him that lasted for more than a year. In 2023, she experienced pregnancy symptoms, but during this time, Mchunu refused to take her calls. The pupil needed to go to the clinic to take a pregnancy test and required a school pass-out to do so. It was at this point that she was forced to divulge her relationship to a staff member at school. The staff member advised Mchunu to give the pupil money to have the pregnancy test and he deposited R500 into her bank account. The pregnancy test was negative. According to the ELRC transcript, the pupil attempted to take her own life after drinking weed killer. She ended up in hospital. While Mchunu's main defence was that she was not a pupil at the time when he had sex with her, an education department official confirmed Busana High School's records showed she only dropped out of school at a later date. The arbitrator declared that Mchunu was unfit to work with children. Read the full original of the report in the above regard by Prega Govender at News24 Axed Cape Town metro cop heads to court over alleged sexual harassment and unfair dismissal News24 reports that a former Cape Town Metro Police Department (CTMPD) officer, who was allegedly sexually harassed by her superintendent, is taking her fight to the Cape Town Labour Court (LC). She is claiming unfair discrimination, unfair treatment, and unfair dismissal after having reported the matter. Verna Simpson was appointed in 2012 as a constable in the Internal Affairs Unit of the CTMPD. Between 2014 and 2018, Simpson alleges she was subjected to sexual harassment, victimisation and bullying at the hands of the senior superintendent to whom she reported at the time. Although the man was suspended pending the outcome of a disciplinary process arising from Simpson's allegations, the City is alleged to have not only lifted his suspension while the process was ongoing but to have also promoted him to various acting positions. The disciplinary process ended with him being found guilty and dismissed in 2020. The man then appealed to the bargaining council, which ruled that his dismissal was unfair and ordered his reinstatement. The City then went to the LC to review and set aside the bargaining council's award. But, according to Simpson's court papers, after allegedly striking a confidential agreement with the man, the City withdrew its LC action and returned him to his senior rank. Simpson says that in stark contrast to how he was treated, after reporting the matter she was victimised at work and repeatedly transferred between different CTMPD departments. Her reporting of sexual harassment and the treatment she received, she claims, ultimately resulted in her being charged with gross dishonesty, gross insubordination and bringing the City's name into disrepute. She claims she was unfairly dismissed in December 2021. Simpson is asking the LC to award her two years' salary for unfair dismissal and more than R1 million in damages for unfair labour practices, past and future medical expenses, and humiliation and degradation. The case will be heard on 27 May. Read the full original of the report in the above regard by Marvin Chartes at News24
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