elrc presentation to parliament 16 october 2014

ELRC Presentation to Parliament16 October 2014

“Honouring the gift of a democratic order, realised through the strive for equal education and shared efforts to maintain labour peace.”

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Honourable members of the Education Portfolio Committee:

Ms N Gina, Chairperson ANC

Ms NR Mokoto ANC

Mr TZM Khoza ANC

Ms JV Basson ANC

Mr HD Khosa ANC

Mr D Mnguni ANC

Ms A Lovemore DA

Ms D Van Der Walt DA

Ms HS Boshoff (ALT) DA

Ms NR Mashabela EFF

Mr AM Mpontshane IFP

Ms CN Majeke UDM

Mr MS Mabika NFP

Mr LM Ntshayisa (ALT) AIC

Honourable members of the Education Portfolio Committee

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Table of Contents

Section ALegislative and Other MandatesStrategic OverviewStrategic outcome oriented goals

Section BService delivery environmentOrganisational environmentPolicy developments and legislative changes

Programme 1: Dispute Management ServicesProgramme 2: Collective Bargaining Services – National & Provincial Programme 3: Administration ServicesProgramme 4: Capital Expenditure

Section CAnnual Financial Statements

Conclusion

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Section AStrategic Overview

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Legislative & other mandates

Applicable Legislation • Labour Relations Act (LRA) 66 of 1995, as amended• Public Finance Management Act 1 of 1999• Employment of Educators Act 76 of 1998• Further Education and Training Colleges Amendment Act 3 of 2012 Other Mandates:• Service Delivery Agreement of the Minister of Basic Education • Action Plan to 2014: Towards the realisation of schooling 2025

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Strategic Overview

VisionTo improve the quality of teaching and learning through labour peace.

MissionQuality services for excellence in teaching.

ValuesThe ELRC has adopted the following values: Professionalism: Promote behaviour that is generally accepted to be correct and proper;

Transparency: Ensure access to information by citizens;

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Strategic Overview (Cont.)

Independence: The right to making informed decisions independently that minimise or avoid conflict of interest;

Accountability: Accepting responsibility for actions and decisions taken with allowance for corrective action and penalty for wrong doing; Fairness and equity: Adjudication of grievances and disputes;

Social Responsibility: Respond to the social issues of the day; and

Efficiency: Delivery of quality services economically.

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Strategic Outcome-Oriented Goals

Strategic Outcome Oriented Goals Progress

Goal 1:Research and monitoring and evaluation activities provide an evidence base for improved policies and policy implementation in basic education.

Two issues were identified for research: Early Childhood and Development (ECD) Practitioners and violence in South African schools.

Goal 2:Equal importance is attached to proactive dispute prevention and dispute resolution.

Dispute Prevention Committees / Task Teams.Facilitation, eg. Eastern Cape.

Goal 3:Collective bargaining processes maximise the scope of the parties’ shared interest.

Goal was not achieved.

Goal 4:Provide appropriate support and training for all involved in dispute resolution and collective bargaining.

Training provided for Panellists and Dispute Resolution Practitioners.

Goal 5:Sound communication strategies, special initiatives and campaigns support and complement the core activities of the Council.

• Special initiatives • New marketing strategies• Improved participation in education exhibitions• Partnership with SOMAFCO Trust

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Section BPerformance Information

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Service Delivery Environment

Focus areas for 2014/15:

Dispute Management ServicesDispute Prevention and Facilitation• Proactive approach – a focus on prevention;• Training for panellists and parties (emphasis on DR Practitioners);• Functional Dispute Prevention Committees / Task Teams (all provincial chambers).• Facilitation on displaced educators and conversion of temporary educators.

Dispute Resolution• Improvement of efficiencies related to resolution of disputes on appointments and promotions; and• Amendment of ELRC constitution to address practices.

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Service Delivery Environment (cont.)

Collective Bargaining Services (Focus Areas)• Temporary Educators• Incentives for educators• Research on ECD• QLTC

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Organisational Environment

• Functional SCM unit in 2014/15 and training of officials• Career and Succession Planning Strategy• Recruitment and Retention Strategy• Proposal to address static revenue

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Policy developments & Legislative changes

• FETC Amendment Act 1 of 2013• Council ratified FETCBU Collective Agreement 5 of 2013• Council’s status as bargaining council versus national public entity.

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Performance Information by Programme

2013/14

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Programme 1: Dispute Management Services

Purpose: To manage disputes proactively (prevention and resolution)

Strategic Objectives:• Provision of dispute resolution services• Resolution of special disputes• Training and development services

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Performance for 2013/14

Strategic objectives Planned Target2013/2014

Actual Achievement2013/2014

Provision of dispute resolution services

Conciliation finalised within 30 days from registration of dispute

100% 91%

Resolution of ordinary arbitrations within 180 days from when conciliation failed

80% of arbitrations to be resolved 33%

Resolution of promotion arbitrations within 120 days from when conciliation failed

70% of arbitrations to be resolved 29%

Resolution of special disputes involving children

Resolution of arbitrations where a child is a victim within 120 days from when conciliation failed

70% of arbitrations to be resolved 73%%

Training and Development Services

Training and development to 240 Dispute Resolution Practitioners and Commissioners

240 231

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Overview: Dispute Management Services

Referrals: • 776 disputes received• Predominantly related to ULP – Promotion and Appointments

Jurisdiction: Out of 776 referrals:• 506 in jurisdiction• 249 out of jurisdiction• 21 determination through condonation

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Provincial Referrals:

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Strategy to overcome areas of underperformance• Increase panel of Conciliators, Arbitrators and Interpreters.• Stricter approach when dealing with postponement applications.• Panellists to award cost in instances of frivolous postponement requests.• Continuous training of Dispute Resolution Practitioners and Panellists.

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Programme 2: Collective Bargaining Services

Purpose: • To contribute to the Council’s vision of a strengthened social contract between government, teacher unions and civil society.• To create a conducive environment for improved quality in teaching and learning.• To promote collective bargaining at national and provincial levels.• To ensure development of effective policies for quality public education in a non-disruptive environment for teaching and learning.

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Collective Bargaining Services

Collective Bargaining – National

Strategic objectives: • To conclude bargaining on identified matters of mutual interest in public education; • To monitor the Implementation of Collective Agreements / Policies;• To identify issues for research on evidence based teacher welfare and national development.

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Collective Bargaining

Conclude bargaining on identified matters of mutual interest in public education

8 out of 11 5 out of 11

Implementation of Collective Agreements / Policies

Training and advocacy on the implementation of collective agreements

4 Not Achieved

Monitoring the Implementation of Collective Agreements / Policies

Monitoring of the implementation of collective agreements

4 Not Achieved

1 out of 4

Research Services

Evidence based teacher welfare and national development issues identified

2 Not Achieved

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Overview: Collective Bargaining Services

Collective Bargaining - National

Collective Agreements ratified:

• 4 Provincial (1 Eastern Cape, 2 KwaZulu-Natal and 1 Mpumalanga);

• FETCBU C.A 5 of 2013.

Strategy to overcome areas of underperformance• Underperformance will be addressed in 2014/15 Annual Performance Plan;• Central focus for 2014/15 is to improve the quality of teaching and learning in public schools.

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Provincial Performance for 2013/14

Performance Indicator Planned Target2013/2014


Information Sharing

Employee WellnessThe number of employee wellness programs introduced

8 9 provinces achieved

Consultation, Implementation and Monitoring of Collective Agreements and Policies

Post Provisioning A consolidated report on the consultation process for post provisioning is available

A consolidated report on the consultation process for post

provisioning is available

8 provinces achieved Not achieved:Limpopo

IQMS and PMDSA report on the implementation of Collective Agreements (IQMS and PMDS) is available

90% 8 provinces achieved

Not achieved:KwaZulu-Natal

Temporary EducatorsA report on the extent to which temporary teachers are utilised is available

A report on the extent to which temporary teachers are utilised is

available

9 provinces achieved

Incentives for EducatorsMonitoring reports on the implementation of incentives for educators are available

Bi-annual reports received on implementation of the policy

7 provinces achieved

Not achieved:GautengMpumalanga

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Honourable members of the Education Portfolio Committee:Programme 3: Administration Services

Purpose:

To provide support services to the core operational functions of the Council to ensure that it delivers an efficient and effective service on its mandates

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Administration Services

Strategic Objectives:

• Maintain and improve financial and administrative systems;• Procure goods and services within policies and guidelines;• Maintain good labour relations;• Train and develop staff;• Ensure a healthy and safe work environment;• Maintain and improve the premises and security systems respectively; and• Provide reliable information technology and communication systems.

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Overview:Administration Services

• The Finance and Administration Policy and Procedure Manual approved• Improved information technology and communication systems • New marketing strategies to create awareness of the Council and its services

Strategy to overcome areas of underperformance• The Council will continue solicit assistance from the Auditor-General and the Tax Ombudsman with regards to the SARS query. • SCM unit established with SCM Manager position filled in the new financial year.• A recognition agreement is to be finalised in the 2014/15 financial year upon receipt of feedback from trade union.

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Administration Services

Maintain and improve the finance and administrative systems

No adverse impact on the operations No adverse impact on the operations

Procure goods and services within policies and guidelines

No major disruption to operations No major disruption to operations

Maintain good labour relations Zero grievances Zero grievances

Training and development 80% competent 100% competent

Ensure a healthy and safe work environment

Zero injuries at work and safe work environment

Not Achieved(1 injury reported)

Provide reliable information technology and communication systems

No interruptions to systems No interruptions to systems

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Programme 4: Capital Expenditure

Purpose: To provide the necessary capital resources to ensureeffective and efficient delivery of operations to Council’smandate.

Strategic Objective: • Manage the property and assets of the Council with focus on increasing effectiveness, economy, transparency and integrity.

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Overview: Capital Expenditure

No progress was made relating to the refurbishment of the building due to non-appointment of the Project Manager.

Strategy to overcome areas of underperformance• It is envisaged that the project will commence in the 2014/15 financial year.

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Strategic objective Planned Target2013/2014


Capital Expenditure

Manage the property and assets of the Council with focus on increasing effectiveness, economy, transparency and integrity

Property is maintained on a regular basis.

Not Achieved Target was not achieved due to the pending building refurbishment project.

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Section CAnnual Financial

Statements

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Annual Financial Statements

• Report of the Auditor General

• Unqualified audit opinion

• Financial statements amounts and disclosures


Financial Position

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Liquidity• Ability to pay short term debt• Ideal ratio >1

Solvency• Ability to survive in the long term• Avoid insolvency• Remain solvent


Financial Performance

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Levies Received

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Expenditure Vs. Budget

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Conclusion

Improvement in overall performance in 2013/14 financial year, compared to 2012/13 financial year. Area of concern to address in next financial year remains collective bargaining – national.

Council appreciates oversight role of Portfolio Committee.

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elrc presentation to parliament 16 october 2014

Documents

education portfolio

equal education

dispute resolution

proactive dispute prevention

delivery of quality

strategic overviewvisionto

labour peace

ms n gina