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 roundup of weekend and recent reports,
see summaries of our selection of South African
labour-related stories that recently appeared.


MINING LABOUR

AMCU threatens major strike over dismissal of Sibanye workers who staged sit-in over employee shares

The Citizen reports that the Association of Mineworkers and Construction Union (AMCU) has threatened a full-on strike at Sibanye-Stillwater over a dispute concerning the share ownership payments for mine employees. The precious metals producer reportedly announced that 213 employees who had embarked on an underground protest over the shares had been issued with dismissal notices, but mining unions said they would act with a single accord on behalf of the workers and challenge the dismissals. AMCU’s leader Joseph Mathunjwa said the matter relating to the shares at Sibanye had been a wage demand from 2020 and that the union would approach the CCMA and declare a dispute. He appealed to workers who had been fired to keep calm. Mathunjwa also told those that had not been dismissed to report for duty while several processes took place behind the scenes, including the appeal hearings of the dismissed workers. “We have put in an appeal on behalf of workers, we are not sure if the matter will be heard on Monday,” the AMCU president indicated.   Mathunjwa said should the appeals be unsuccessful he was certain that the workers would embark on a strike, but he cautioned that the strike should be in accordance with the law. He added that should the matter over the shares not be resolved other mines in the platinum sector could get affected.

Read the full original of the report in the above regard by Itumeleng Mafisa at The Citizen. . Read too, Over 200 Sibanye miners issued with dismissal notices after staging sit-in at Rustenburg mine, at EWN. And also, AMCU and NUM vow to ensure dismissed Sibanye-Stillwater employees return to work, at EWN

With 5,000 applications for 100 jobs, community tense as operations restart at Somkhele coal mine

Fin24 reports that as the Somkhele coal mine in rural KwaZulu-Natal restarts operations after a two-year break, tensions over the project have been reignited. The anthracite coal mine, owned by Petmin's Tendele Coal Mining subsidiary, is located in in the Mtubatuba area, which has extremely high unemployment rates in excess of 90%. The mine has been the only major employer in the area and was the lifeblood of the local economy up until June 2022, when the depleted mine was placed on care and maintenance. An expansion plan proved highly controversial and was halted by a court judgment in May 2022, which found that Tendele had failed to comply with various statutory requirements, including the public participation process. The mine was ordered to conduct a new participation process. Tensions between those in community in favour of expansion and those against it have in the past boiled over, most notably in late 2020, when activist Fikile Ntshangase was gunned down in her home. Now, with Tendele having restarted mining activity, animosity in the community has resurged. A large portion of the community is in favour of the recommencement of mining activities and Tendele received over 5,00 applications for just 100 job openings ahead of restarting mining activities. Seventy of the posts have since been filled. Attracting around R1 billion in investment, at full operation, the mine is expected to directly and indirectly employ 1,200 people.   The Mfolozi Community Environmental Justice Organisation (MCEJO), however, continues to voice numerous concerns over the company's activities.

Read the full original of the report in the above regard by Lisa Steyn at Fin24

Other labour / community posting(s) relating to mining

  • Inwoners bekommerd oor mynplanne buite Pretoria, by Maroela Media


MARIKANA MASSACRE

Two ex-top cops demand R6m in damages for failed Marikana prosecution

Sunday Independent reports that two former senior police officers acquitted on criminal charges relating to the 2012 Marikana massacre are each demanding R3 million from the SA Police Service (SAPS) and the National Prosecuting Authority (NPA) for loss of income. North West ex-deputy provincial commissioner responsible for operations at the time, William Mpembe, and Gideon van Zyl, formerly head of detectives in the province, want compensation for their prosecution following their arrest by the Independent Police Investigative Directorate (Ipid) for failing to report the death at Lonmin’s Andrew Saffie Hospital of mineworker Modisaotsile van Wyk Segalala on 16 August 2012. In March 2018, Mpembe and Van Zyl were charged alongside Brigadier Dingaan Madoda and Lieutenant-Colonel Oupa Pule with defeating the ends of justice, contravening the Ipid Act for failure to report Segalala’s death in police custody to the directorate, and as well as the Commissions Act for lying to the Marikana Commission of Inquiry under oath.   However, in March 2021 they were acquitted on all three charges they faced by the North West High Court.   Mpembe and Van Zyl have now told that court that the prosecution caused their right to dignity to be infringed upon, and each suffered damages including loss of income because of several court appearances to defend the indictment, the reasonable legal costs associated with their defence, and contumelia (injury, hurt, insult and indignity inflicted on a person). Each of the two ex-cops claiming R3m in damages.

Read the full original of the report in the above regard by Loyiso Sidimba at Sunday Independent


INDUSTRIAL ACTION ON HOLD

Industrial action planned for Friday postponed as Satawu and G4S cash solutions return to negotiating table

EWN reports that the SA Transport and Allied Workers’ Union (Satawu) and G4S cash solutions were due to head back to the negotiating table on Saturday to avert a nationwide strike action. G4S employees countrywide were expected to down tools on Friday, but their planned industrial action was postponed at the eleventh hour. This as the Commission for Conciliation, Mediation and Arbitration (CCMA) called the two parties back for talks on Saturday to try and find some middle ground.   Satawu is demanding that the company bring back its retrenched members. "The union wishes to clarify that the strike is not cancelled but rather postponed as the CCMA has applied Section 150 to find consensus between labour and management. We are meeting tomorrow [Saturday] at the CCMA with the commissioner," said Satawu spokesperson Amanda Tshemese.

Read the original of the short report in the above regard by Ntuthuzelo Nene at EWN


POST OFFICE RETRENCHMENTS

Retrenched SA Post Office workers get their first severance payment

BL Premium reports that the SA Post Office (Sapo) business rescue practitioners (BRPs) have paid the first tranche of severance packages to 4,512 retrenched employees earlier than the end of June as initially envisaged. “All retrenched staff will therefore see the first tranche of their severance packages reflect in their bank accounts from next week. Tranche two and three payments of the severance packages will be made in September and November, respectively, as agreed with labour,” BRP Anoosh Rooplal said on Friday. The figure of 4,512 retrenched workers is lower than the 6,000 originally planned of the total staff complement of 11,038. The number of job cuts was reduced after consultation with unions at the CCMA. The BRPs also advised that Sapo had fully paid up contributions to the Unemployment Insurance Fund, from which retrenched employees could apply for benefits. The SA Revenue Service has been paid its first dividend of 12c in the rand, amounting to about R70m. The retrenchments were made in a bid to right-size the organisation and place it on a more sustainable financial footing as employee costs have, in the past, accounted for 150% of revenue. Sapo entered business rescue in July 2023 after the intervention by government to avoid its liquidation.   The total retrenchment package will amount to slightly less than the originally estimated R600m, which will be paid by using the R2.4bn that the Treasury gave the business rescue practitioners in 2023.

Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only). Lees ook, Poskantoorwerkers kry gouer pakketgeld na afleggings, by Maroela Media

Other internet posting(s) in this news category

  • Retrenched SA Post Office workers: 'Pay our money in full', at EWN


EXECUTIVE PAY

More than half of Mpact shareholders reject salary rise for executives

BL Premium reports that the board of JSE-listed Mpact has failed to persuade investors to back its remuneration policy with more than half of shareholders voting against the proposed salary increase for executives at the company’s AGM on Thursday. Mpact is among the largest paper and plastics packaging and recycling businesses in Southern Africa. Two-fifths of the Johannesburg-based company’s investors also snubbed the nonexecutive director’s remuneration. Noting the 51.18% of votes against the remuneration policy and the implementation report, which did not obtain the requisite 75% of votes required, the company board said it would meet shareholders to thrash out their concerns. Though the votes are nonbinding the board said it would consider its outcome in considering amendments to the company’s pay policy. The total package of Mpact CEO Bruce Strong, who has been in the role since 2009, fell to R23.6m at end-December from R33.9m in 2022. The total remuneration of the executive management comprises guaranteed pay and variable pay for performance including short- and long-term incentives. The snub by investors came as the group has been embroiled in a tussle with major shareholder Caxton over its plans to take over Mpact. At the previous AGM in June, Caxton opposed the pay resolutions and is likely to have done so again.

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


LOSS-OF-OFFICE GRATUITIES

Handshake of R81 million for departing MPs, ministers

The Citizen reports that politicians not returning to Parliament after the 2024 national and provincial elections will not leave empty-handed. At least R81 million has reportedly been set aside to pay outgoing members of Parliament (MPs) and Cabinet ministers for their loss-of-office gratuities.   While some MPs have opted for retirement, others are set to lose their jobs due to their parties losing seats in the National Assembly. Among the notable MPs and ministers not returning to Parliament are Defence Minister Thandi Modise, Public Service and Administration Minister Noxolo Kiviet and International Relations Minister Naledi Pandor. Labour and Employment Minister Thulas Nxesi, Social Development Minister Lindiwe Zulu, and Minister in the Presidency responsible for Women, Youth, and Persons with Disabilities, Nkosazana Dlamini-Zuma, will also not be returning to Parliament. These politicians will be entitled to a loss-of-office gratuity in addition to their pension benefits and other post-retirement perks, including medical aid and free flights. According to Parliament’s spokesperson Moloto Mothapo, the loss-of-office benefits will be taken from the National Treasury’s national revenue fund. “The gratuity is a direct charge against the national revenue fund. The total number [of MPs to be paid] is not yet determined,” Mothapo indicated.

Read the full original of the report in the above regard by Molefe Seeletsa at The Citizen. Read too, Outgoing MPs in line for R81m in exit gratuities, at Sunday Times (subscriber access only)


AIR TRAFFIC CONTROLLER BONUSES

Flight costs will increase if navigation services staff score R70m in bonuses

City Press reports that the public will have to cough up more for flight tickets if bonuses of about R70 million are granted to staff of the Air Traffic and Navigation Services (ATNS). The ATNS regulator, tasked with protecting the public against excessive increases, rejected the bonuses, but, following an intervention by Transport Minister Sindisiwe Chikunga, the proposal is back on the table. Rapport has learnt that 45% of the R70 million has been allocated to ATNS top management – including about R14 million to the CEO. One of the reasons for the bonuses is supposedly an attempt to stem the loss of air traffic controllers. Experienced controllers are resigning to work in the Middle East for salaries of up to five times more than they earn in SA. While the regulator approved ATNS’s proposals for increased flight and navigation service charges, it balked at the bonuses. ATNS then asked Chikunga to intervene. She, in turn, convened a mediation panel chaired by Judge Boissie Mbha. The law that established ATNS in 1993 did provide for the establishment of an appeals board, but it was never set up. Moreover, according to the regulator, Chikunga did not have the authority to interfere. It was also not informed in advance of the mandate and reference framework within which the judicial inquiry will take place. But, Collen Msibi, Chikunga’s spokesperson, denied that the minister had overstepped her bounds. He said she had simply intervened as the executive authority responsible for ensuring that the dispute was resolved. Msibi added that the panel that would serve with Mbha was composed in consultation with the department of justice and correctional services and included various aviation experts.

Read the full original of the report in the above regard by Erika Gibson at City Press (subscriber access only)


DIVERSITY AT ABSA

Absa’s top brass defend bank’s transformation credentials

Business Times reports that Absa Group’s CEO Arrie Rautenbach and board chair Sello Moloko strongly defended the banking giant’s transformation credentials to shareholders at the AGM last week. Rautenbach said hiring and promotion practices at Absa were geared towards improving diversity.   He was reacting to shareholder activist organisation Just Share, which had raised questions about female representation at executive level. “If you look at the hiring and promotion ratios across the different levels of our organisation you will see Africans, Indians and coloureds hired at a senior management level sitting at 83%, and of that 47% were women appointments and promotions,” Rautenbach said. It was reported in May that senior black executives had confronted Rautenbach over critical senior appointments and the planned removal of the head of the group’s Africa operations. At the AGM on Monday, Rautenbach defended the bank’s transformation record, saying the group’s female executive representation was better than five years ago and was “now sitting at 29%, which is well up against the five-year average.” Kwanele Ngogela of Just Share had asked why female representation on Absa’s executive committee averaged only 19% over the last five years and senior management had seen only a 3.8% increase over the same period. Rautenbach advised that 87% of middle management appointments were people of colour, and 47% of them women. At junior management level, the promotion ratio was 96% blacks, Indians and coloureds, 77% of them women. Moloko said Absa had made progress and “would like to do more” to improve female leadership representation as it pushed for diversity and inclusion.

Read the full original of the report in the above regard by Dineo Faku at Business Times (subscriber access only)


ALLEGED CORRUPTION / FRAUD

Corruption Watch drops case to have Brian Molefe declared a delinquent director

Sunday World reports that last week Corruption Watch filed a notice of withdrawal of its offensive against former Eskom and Transnet chief executive Brian Molefe to be declared a delinquent director for alleged wrongs he committed during his time at the helm of the power utility.   Molefe had been accused of having aided an alleged capture of Eskom by the Gupta family during the Zuma years.   According to Corruption Watch, he was central to the booting out of Glencore-owned Optimum Coal Mine in favour of Gupta-owned Tegeta. Separately, Molefe faces allegations of being involved in corruption and fraud in the multi-billion rand procurement of locomotives at Transnet. Speaking through his lawyer Mpho Molefe, the former Eskom CEO said he had suffered a great deal of untruths and was hopeful that the move by Corruption Watch would spill over to other legal woes he was facing. Molefe’s lawyer said his client had suffered a great deal, professionally and otherwise because of cases such as the Corruption Watch one hanging over his head and added: “Despite being hounded out of public service through these lies, Brian found himself also rejected in the private sector because of the dark cloud hanging over his head.” The Zondo commission, which investigated allegations of state capture, recommended that the NPA should consider prosecuting Brian Molefe for alleged contravention of the Public Finance Management Act in his official capacities at Eskom and Transnet.

Read the full original of the report in the above regard by Mawande Amashabalala at Sunday World

North West education department director charged with fraud and impersonation

Potchefstroom Herald reports that Thabo Sejanamane, a deputy director at the Minimum Information Security Services (MISS) Directorate within the North West Department of Education, and a prominent deacon at the Methodist church in Potchefstroom, has found himself entangled in a legal dispute involving allegations of fraud and impersonation. According to reports, Sejanamane is accused of orchestrating a fraudulent transaction involving a 2010 Chevrolet Cruise belonging to his ex-wife, Dr Carol Letshabo. The purported incident took place in February 2019 at Potchefstroom’s Daly Ford car dealership. Sejanamane allegedly traded the Chevrolet for a BMW, purportedly while impersonating his former spouse and forging her signature on a permission letter.   Furthermore, it is claimed that Sejanamane utilized a Green Book ID copy, previously destroyed by Home Affairs in 2015, during the transaction. Sejanamane faced formal charges at the Potchefstroom SAPS on 9 May 2024. His initial appearance before the Potchefstroom Magistrate’s Court was on 6 June 2024. The case was postponed to 18 June 2024 and Sejanamane is not in custody. Dr Letshabo commented: “We’re divorced, and a crime has happened that he needs to account for.”

Read the full original of the report in the above regard by Jade Sateria at The Citizen

Other internet posting(s) in this news category

  • Seven Sars officials nabbed for R653 million fraud, two others’ arrest pending, at The Citizen
  • Nóg ‘korrupte’ TMPD-beamptes kry trekpas, by Maroela Media
  • Officials are looting Msunduzi, at Mail & Guardian (subscriber access only)
  • Former minister Zizi Kodwa faces 15 years in jail for R1.6m corruption charges – if found guilty, at Mail & Guardian (subscriber access only)


SEXUAL HARASSMENT

Sexual harassment is a major problem that employers can’t ignore

BusinessTech reports that an employer can be ordered to pay compensation for their failure to investigate complaints of sexual harassment adequately. This was outlined in a recent CCMA case, which considered an employer’s liability in instances where it failed to comply with its statutory duties and its own sexual harassment policy by not adequately investigating an employee’s complaints about the improper conduct of a colleague. A senior employee claimed to have been sexually harassed by a colleague on two separate occasions. She reported the incidents to her manager, who advised her to contact the company’s Ethics Department. The employee subsequently completed a formal report of the incidents, and an investigation was initiated. Months later, she was suspended and issued with a notice to attend a disciplinary hearing. The disciplinary hearing found that the incidents “were insufficient to constitute sexual harassment for purposes of the Employment Equity Act (EEA). But, after the matter was refered to the CCMA, the commissioner agreed that the employee’s actions and experiences met the criteria for sexual harassment. “Section 60 of the EEA provides for liability of employers in instances where an employee, while at work, has contravened a provision of the EEA,” Werksmans Attorneys pointed out. Additionally, the EEA “provides that the employer must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct and that the failure by the employer to take such steps will render the employer deemed to have also contravened that provision.” The commissioner concluded that the claims of harassment and inappropriate touching made against the employee were credible based on the employer’s failure to hold a disciplinary hearing promptly and to adhere to its own harassment policy. It also ignored a request for CCTV evidence and did not consider corroborating testimony from a witness. The employer was ordered to pay the employee an amount equivalent to two months’ compensation.

Read the full original of the report in the above regard by Seth Thorne at BusinessTech


OTHER REPORTS OF INTEREST

  • Byna 300 nuwe verpleegkundiges kwalifiseer in Vrystaat, by Netwerk24 (toegang slegs vir intekenare)
  • ‘Landbou wéér stabiliseerder in sukkelende SA ekonomie’, by Maroela Media
  • How to spot social media job scams a mile away, at The Citizen
  • ‘Pasop vir nuwe tweepot-aftreestelsel’, by Maroela Media
  • NHI warning for employers in South Africa, at BusinessTech
  • Injured paramedic fights for recovery, justice after alleged assault by Joburg ANC bigwig, at News24
  • Ster-Kinekor sluit toe net twee teaters, nie nege nie, by Netwerk24 (toegang slegs vir intekenare)
  • State completes investigation into three police officers charged with torturing Cape Town barber, at News24

 


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