DIRECTORATE: LABOUR RELATIONS Contribution to Whole School Development Workshop: Naphakade Primary School, 2 April 2004

Roadmap 4 The SA Constitution 4 Labour Relations 4 General (Open session)

The SA Constitution 4 Introduction 4 Ten fundamental values of the Constitution and their relevance in education 4 List of educational strategies

Introduction 4 General –The Constitution expresses South Africans’ shared aspirations and the moral and ethical direction they have set for the future. –The Constitution is a vision of society based on equity, justice and freedom for all. –The Constitution thus compels transformation.

Introduction (Continues) 4 Education –Education does not exists to simply serve the market, but to serve society. –This means that a broad sense of values has to be instilled in learners. Such values should transcend language and culture.

Ten fundamental values of the Constitution 4 Democracy 4 Social Justice and Equity 4 Equality 4 Non-racism and Non-sexism 4 Ubuntu (Human Dignity)

Ten fundamental values of the Constitution (Continues) 4 An Open Society 4 Accountability / Responsibility 4 Rule of Law 4 Respect 4 Reconciliation

Educational strategies 4 DoE has developed 16 strategies or approaches for seeding the values of the Constitution in learners. 4 Inter alia: –Nurturing a culture of communication and participation in schools –Role-modeling: Promoting commitment as well as competence among educators

Educational strategies (Continues) 4 Strategies (Continues) –Ensuring that every South African is able to read, write, count and think –Ensuring equal access to education –Infusing the classroom with a culture of human rights –Making arts and culture part of the curriculum –Promoting anti-racism in schools

Educational strategies (Continues) 4 Strategies (Continues) –Using sport to shape social bonds and nurture nation building –Making multi-lingualism happen –Freeing the potential of girls as well as boys –Making schools safe in which to learn and teach, and ensuring the rule of law in schools

Labour Relations 4 Relevant legislation 4 Service conditions of employees 4 Leave 4 Grievances and disputes 4 Disciplinary codes and procedures

Relevant legislation 4 All staff –Inter alia: –The Constitution –Basic Conditions of Employment Act –Labour Relations Act –Skills Development Act –Employment Equity Act 4 Public Service staff –Public Service Act

Relevant legislation (Continues) 4 CS educators –Employment of Educators Act 4 Education specific –Inter alia: –National Education Policy Act –South African Schools Act –Further Education and Training Act –South African Qualifications Authority Act –South African Council for Educators Act

Service conditions of employees 4 SC educators 4 Chapter 3 of EEA (Sections 6-9) –All appointments shall be made by the head of education subject to recommendation of the SGB First appointment Promotion Transfer Secondments

Leave 4 SC educators 4 Chapter J of PAM –Different types of leave (inter alia) Vacation leave Temporary incapacity leave Maternity leave Study leave Family responsibility leave

Grievances and disputes  CS educators –Legislation Chapter H of PAM (EEA)  Definition of a grievance –A complaint by an employee or employees affecting the employment relationship of the person or persons concerned, or if there is an alleged misinterpretation, or violation of his, her or their rights.

Disputes 4 A dispute is an unresolved grievance 4 PS staff CCMA Bargaining council (GPSCBC) Labour court 4 CS educators Bargaining council (ELRC) Labour court

Stages of disputes 4 Conciliation –Facilitate –No decision making power. 4 Arbitration –Neutral facilitator (arbitrator) –Power to make a final and binding decision.

Disputes statistics 4 Types of disputes: – July Jan 2004

Disputes statistics (Continues) Educators (July ‘03 - Jan ‘04) = 151

Disciplinary codes and procedures 4 PS staff –PSCBC Resolution 2/1999 as amended by Resolution 1/ CS educators –Schedule 2 of EEA

The purpose of discipline 4 To support constructive labour relations in the public service. 4 To promote mutual respect between employees and between employees and the employer.  To promote acceptable conduct. 4 To avert and correct unacceptable conduct.

Procedure 4 Choosing the appropriate action –The seriousness of an incident determines how a manager deals with it. 4 Informal advice 4 Progressive disciplne –Diciplinary meetings 4 Formal discipline –Disciplinary hearings

Transgressions 4 Distinguish between serious and less serious misconduct 4 Examples of serious misconduct –Theft –Assault / Corporal punishment –Sexual molestation / harassment –Fraud 4 Examples of less serious misconduct –Absenteeism –Late comming –Neglect of duty –Untidiness

Sanctions 4 Progressive discipline sanctions –Counselling –Verbal warning –Written warning –Final written warning 4 Extent of these sanctions –Corrective of nature –Valid for 6 months –No appeal procedure for educators –Can lead to disciplinary hearing

Misconduct statistics Types of transgressions (July ‘03 - Jan ‘04)

Misconduct Statistics (Continues) Educators (July Jan 2004) = 211

General  Questions and answers –Open session

Presenters 4 Colin Esau:(021) Fritz Brand:(021) Fax:(021)

4 Compiled by Fritz Brand