former director kahn furious- - vibrant...

1
8 | BusinessTimes MARCH 20 2016 | Sunday Times B-1 JDCP Labour Pains | New head inherits an arbitration body grappling with key employment changes amid SA’s jobs crisis Layoffs and new law are perfect storm for CCMA NEWSMAKER Comment on this: write to [email protected] or SMS us at 33971 www.sundaytimes.co.za CHRIS BARRON SOUTH Africa’s premier dispute resolution body, the Commission for Conciliation, Mediation and Arbitration, is bracing itself for a massive increase in the number of referrals as companies re- trench, says its new director, Cameron Morajane. Some 687 cases a day are already being referred to the CCMA, which represents an in- crease of almost 23% over the past five years. And the deteriorating econom- ic situation, together with last year’s labour law amendments, mean this number will rise sharply. “We expect an upsurge of re- trenchments,” says Morajane, 45, an attorney who was head of legal services at the National Education Health and Allied Workers Union for nearly five years before becoming a senior commissioner at the CCMA in 2012. “A number of major companies are heading towards very seri- ous, large-scale retrenchment.” Morajane’s appointment was announced last week. His predecessor, Nerine Kahn, stepped down following allega- tions of maladministration after an investigation revealed irreg- ularities regarding a R66-million lease agreement the CCMA en- tered into for its Durban office. Morajane says the “primary focus” for the CCMA will be to gear up to meet the expected surge in cases. The CCMA is already under severe pressure as it tries to cope with the consequences of last year’s amendments to the Labour Relations Act and Basic Conditions of Employment Act that entitle contract workers to be treated as permanent employ- ees, receiving the same rights and benefits, if they have been with a company for six months. According to complaints re- ceived by the CCMA, employers responded by dismissing their contract workers “in large num- bers”, says Morajane. Just before the promulgation of the Labour Relations Act, em- ployers made preparations that resulted in serious contractual changes. Workers complained that they were “forced to sign contracts or make certain agree- ments or else they get dis- missed”. The amendments are seen by employers as creating a process that is costly and creates serious human resource headaches, says Morajane. Most applications to the CCMA are from workers who say they have been fixed-term contract employees working for a labour broker, and now believe they should be permanent employees. The CCMA can’t yet say how many part-time workers have converted to permanent employ- ees in the year since the LRA amendment became law. He says the amendments have created a high level of confusion — not least among workers hired by labour brokers about who their actual employers now are. “Most of the time people didn’t care, but because of the amend- ment and temporary employ- ment services issues, it has be- come important because they must bring the right party to the CCMA,” says Morajane. There are now all sorts of “de- marcations” in terms of the amended acts between cate- gories of employment (tempo- rary, fixed-term, those employed by labour brokers) that have sud- denly become very important. Observers warned at the time that the amendments were too vague and complicated, and Morajane agrees. The CCMA has had to create specialist panels of commission- ers trained specifically to deal with these cases, he says, “be- cause of the complexity of the legal issues involved”. The amendments have created confusion about jurisdictions be- tween the CCMA and the Labour Court, with the CCMA recently being ruled against in the court for exceeding its jurisdiction. It was slapped down by the Labour Court for issuing a writ of execution against an employer. It was told this was the duty of the court. Morajane is clearly not amused. “The intention of the amend- ments was to enable us to do so, so that we can expedite the process. “Now somebody has chal- lenged that and said: ‘No you can’t, you’re not a court of law.’ “So the very purpose, which was to expedite and make it in- expensive, has been defeated be- cause people must go to the Labour Court for such issues. That was not the intention.” He says there is a “list” of unintended consequences flow- ing from the amendments. Morajane agrees with those who feel that the South African workplace is too litigious. There are too many referrals to the CCMA, he says. This is an ironic admission be- cause he himself has been at the forefront of “conscientising” workers about their rights. “We have spent a lot of money educating them about the rights they have,” he says. He concedes that “this is partly why we’re seeing an upsurge in cases”. Many feel the pendulum has swung too far and that workers now have so many rights that it is making life extremely difficult for employers. Do workers have too many rights? “They have a lot of rights,” he says. He acknowledges concerns that “dismissal protection” is hobbling the economy and hurt- ing small businesses. This cannot be ignored given the high unemployment rate and the fact that the small and medi- um business sector provide most of the jobs in South Africa, he says. “If we can intervene to cre- ate an environment that is good for employers and employees we will do that.” To try to staunch the flood of referrals and cut down on lit- igation, he says, the CCMA has developed a new process to en- courage mediation in the work- place to “try to resolve disputes at the workplace before they come to us”. It is still being piloted, but he believes it will have “a significant Major companies are heading towards very serious, large-scale retrenchment impact in the labour market. We intend to run with this at speed.” There is a need for more balancing of the interests of em- ployers and employees, he says, but the knowledge that they can get a hearing at the CCMA is an important safety valve for workers. He recounts a case from when he was head of legal resources at the union, when a suspended employee grabbed a security guard’s gun and shot managers. “If he’d known he could have his case heard at the CCMA this might not have happened,” he says. While the CCMA boasts a set- tlement rate of 76%, there have been complaints that commis- sioners bully people to accept certain awards or settlements. Morajane says the CCMA has invested in a new video system so it can log into any hearing room and see what’s going on. “The difficulty we have some- times is that when we’re in a conciliation it is a private process that is not on record. So when there are complaints about being bludgeoned into a settlement, it is difficult to prove.” Former director Kahn furious- We have spent a lot of money educating workers about the rights they have ROUGH LANDING: The new director of the CCMA, Cameron Morajane Picture: MADELENE CRONJÉ ly denounced claims by highly respected Chamber of Mines chief negotiator Elize Strydom during the ruinous strikes on the platinum mines in 2014 that CCMA mediators did not have appropriate levels of expertise. “There’s always a need to up- skill as environments change,” says Morajane. “We are facing a huge scale of dismissals that are coming . . . Our interest is to see people at work and businesses flourishing. For us to meet that need we do assessments to look at the skills levels of our commissioners. To the extent that there is a lack, we will upskill.”

Upload: dangthu

Post on 25-Aug-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

8 | B u s i n e s sT i m e s MARCH 20 2016 | Sunday Times

B-1 JDCP

Labour Pains | New head inherits an arbitration body grappling with key employment changes amid SA’s jobs crisis

Layoffs and newlaw are perfectstorm for CCMA

NEWSMAKER

Comment on this: write [email protected] SMS us at 33971

w w w. s u n d a y t i m e s . c o . z a

CHRIS BARRON

SOUTH Africa’s premier disputeresolution body, the Commissionfor Conciliation, Mediation andArbitration, is bracing itself for amassive increase in the numberof referrals as c o mp a n i e s re-trench, says its new director,Cameron Morajane.

Some 687 cases a day arealready being referred to theCCMA, which represents an in-crease of almost 23% over thepast five years.

And the deteriorating econom-ic situation, together with lastye a r ’s labour law amendments,mean this number will rises h a r p ly .

“We expect an upsurge of re-trenchments,” says Morajane, 45,an attorney who was head oflegal services at the NationalEducation Health and AlliedWorkers Union for nearly fiveyears before becoming a seniorcommissioner at the CCMA in2012.

“A number of major companiesare heading towards very seri-ous, large-scale retrenchment.”

Morajane’s appointment wasannounced last week.

His predecessor, Nerine Kahn,stepped down following allega-tions of maladministration afteran investigation revealed irreg-ularities regarding a R66-millionlease agreement the CCMA en-tered into for its Durban office.

Morajane says the “primaryfo c u s ” for the CCMA will be togear up to meet the expectedsurge in cases.

The CCMA is already undersevere pressure as it tries to copewith the consequences of lastye a r ’s amendments to theLabour Relations Act and Basic

Conditions of Employment Actt h at entitle contract workers tobe treated as permanent employ-ees, receiving the same rightsand benefits, if they have beenwith a company for six months.

According to complaints re-ceived by the CCMA, employersresponded by dismissing theircontract workers “in large num-bers”, says Morajane.

Just before the promulgationof the Labour Relations Act, em-ployers made preparations that

resulted in serious contractualchanges. Workers complainedthat they were “forced to signcontracts or make certain agree-ments or else they get dis-missed”.

The amendments are seen byemployers as creating a processthat is costly and creates serioushuman resource headaches, saysMorajane.

Most applications to the CCMAare from workers who say theyhave been fixed-term contractemployees working for a labourbroker, and now believe theyshould be permanent employees.

The CCMA can’t yet say howmany part-time workers haveconverted to permanent employ-ees in the year since the LRAamendment became law.

He says the amendments havecreated a high level of confusion

— not least among workers hiredby labour brokers about whotheir actual employers now are.

“Most of the time people didn’tcare, but because of the amend-ment and temporary employ-ment services issues, it has be-come important because theymust bring the right party to theCCMA,” says Morajane.

There are now all sorts of “de-m a r c at i o n s ” in terms of theamended acts between cate-gories of employment (tempo-rary, fixed-term, those employedby labour brokers) that have sud-denly become very important.

Observers warned at the timethat the amendments were toovague and complicated, andMorajane agrees.

The CCMA has had to createspecialist panels of commission-ers trained specifically to dealwith these cases, he says, “be-cause of the complexity of thelegal issues involved”.

The amendments have createdconfusion about jurisdictions be-tween the CCMA and the LabourCourt, with the CCMA recentlybeing ruled against in the courtfor exceeding its jurisdiction.

It was slapped down by theLabour Court for issuing a writ ofexecution against an employer. Itwas told this was the duty of thecourt.

Morajane is clearly notamused.

“The intention of the amend-ments was to enable us to do so,so that we can expedite theprocess.

“Now somebody has chal-lenged that and said: ‘No youcan’t, you’re not a court of law.’

“So the very purpose, whichwas to expedite and make it in-expensive, has been defeated be-

cause people must go to theLabour Court for such issues.That was not the intention.”

He says there is a “l i st ” ofunintended consequences flow-ing from the amendments.

Morajane agrees with thosewho feel that the South Africanworkplace is too litigious. Thereare too many referrals to theCCMA, he says.

This is an ironic admission be-cause he himself has been at the

forefront of “conscientising”workers about their rights.

“We have spent a lot of moneyeducating them about the rightsthey have,” he says.

He concedes that “this is partlywhy we’re seeing an upsurge incases”.

Many feel the pendulum hasswung too far and that workersnow have so many rights that it ismaking life extremely difficultfor employers.

Do workers have too manyrights? “They have a lot ofrights,” he says.

He acknowledges concernsthat “dismissal protection” ishobbling the economy and hurt-ing small businesses.

This cannot be ignored giventhe high unemployment rate andthe fact that the small and medi-um business sector provide mostof the jobs in South Africa, hesays. “If we can intervene to cre-

ate an environment that is goodfor employers and employees wewill do that.”

To try to staunch the flood ofreferrals and cut down on lit-igation, he says, the CCMA hasdeveloped a new process to en-courage mediation in the work-place to “try to resolve disputesat the workplace before theycome to us”.

It is still being piloted, but hebelieves it will have “a significant

❛Majorcompanies areheading towardsvery serious,large-scalere t re n c h m e n t

impact in the labour market. Weintend to run with this at speed.”

There is a need for morebalancing of the interests of em-ployers and employees, he says,but the knowledge that they canget a hearing at the CCMA is animportant safety valve forwo r ke r s .

He recounts a case from whenhe was head of legal resources atthe union, when a suspendedemployee grabbed a s e c u r i tyguard’s gun and shot managers.

“If he’d known he could havehis case heard at the CCMA thismight not have happened,” hes ays .

While the CCMA boasts a set-tlement rate of 76%, there havebeen complaints that commis-sioners bully people to acceptcertain awards or settlements.

Morajane says the CCMA hasinvested in a new video system soit can log into any hearing roomand see what’s going on.

“The difficulty we have some-times is that when we’re in aconciliation it is a private processthat is not on record. So whenthere are complaints about beingbludgeoned into a settlement, itis difficult to prove.”

Former director Kahn furious-

❛We have spent alot of moneye d u c at i n gworkers aboutthe rightsthey have

ROUGH LANDING: The new director of the CCMA, Cameron Morajane Picture: MADELENE CRONJÉ

ly denounced claims by highlyrespected Chamber of Mineschief negotiator Elize Strydomduring the ruinous strikes on theplatinum mines in 2014 thatCCMA mediators did not haveappropriate levels of expertise.

“Th e r e ’s always a need to up-skill as environments change,”says Morajane.

“We are facing a huge scale ofdismissals that are coming . . .Our interest is to see people atwork and businesses flourishing.For us to meet that need we doassessments to look at the skillslevels of our commissioners. Tothe extent that there is a lack, wewill upskill.”

4682

Scope of work: The service provider is required to supply, implement, configure and install the Customer relationship management solution for the Public Investment Corporation.

A soft copy will be available from 24 March 2016 at the following email address: [email protected]. Bid documentation will be available (subject to proof of non-refundable R200.00 payment) in hard copy for collection from 24 March 2016 at the following address: Public Investment Corporation, Block C, Riverwalk Office Park, 41 Matroosberg Road, Ashlea Gardens, Menlo Park. A compulsory briefing session will be held at the PIC building in Pretoria on 01 April 2016, at 11:00am to 12:00 midday.

The closing date for this bid is 26 April 2016 at 11:00am.

Payments for hard and soft copies must be paid into the PIC account below prior to issuing of documents: Bank: Standard Bank, Branch: Arcadia, Branch Code 01 08 45, and Account Name: PIC, Account Number: 011259353.

Proof of payment must be shown during collection of a hard copy or emailed to [email protected] for a request for a soft copy. The name of the bidding company must be used as reference number during payment.

TENDER NO: PIC003/2016: APPOINTMENT OF A SUPPLIER,

IMPLEMENTATION PARTNER AND POST IMPLEMENTATION SERVICE

PROVIDER FOR A CLIENT RELATIONSHIP MANAGEMENT SOLUTION

INVITATION TO MINING COMPANIESThe municipality cordially invites mining companies, SMME’s and Individuals who hold

various mineral prospecting rights, mining rights, mining permits, retention permits, oil

and gas exploration rights & production rights and any other mineral rights including those

who have submitted applications to secure any rights related to mining and petroleum with

The Department of Minerals, PASA and any related institute for undertaking mining and

petroleum related activities within the Jurisdiction of Emadlangeni Local Municipality.

The holders of such rights and applicants to such rights must be in compliance with the

Mineral and Petroleum Resources Development Act of 2002 (MPRDA) as Amended and

related Acts that govern mining activities.

The aim of the meeting is to ensure compliance with the various Local Government

Acts, Regulations and Policies that directly impact on this industry within the

municipality’s jurisdiction and to compile a register of all stakeholders operating

within the industry.

DETAILS TO MEETING

Date of Meeting: 06 April 2016

Venue: Old Parsonage Museum

Time: 10:00 hrs to 12:00hrs

For further Information please contact: Miss Stephanie Jordaan (P.A to the Municipal

������������� ����������������������������

EMADLANGENILOCAL MUNICIPALITY

PUBLIC NOTICE

BASADZI MEDIA - ADVERTISINGWWW.BASADZI.CO.ZA

20

16

03

77

Invitation to Bid–LEDAAppointment of a Water Engineer to undertake

research on water provision and water engineering services for Musina Special Economic Zone

Bid Number: LEDA/WE2015/16 -12

Bids are hereby requested from registered companies for the appointment

of a Water Engineer to undertake research on water provision and water

engineering services for Musina Special Economic Zone.

Invitation to Bid–LEDAAppointment of a Town Planner to conduct the

exercise for the reclassification of land Zoning for Musina Special Economic Zone

Bid Number: LEDA/TP/2015/16 -13

Bids are hereby requested from registered companies for the appointment

���������������� �������� � ���������������� ����������À�� �����������

Zoning for Musina Special Economic Zone.

��� ��������À��������������� �� ��������� ������ ����������� ����

and experience are invited to bid for the above.

��������������������������������������� �� ����� ���������� ������� ���

��������������������� ������������� !"#������� ��www.lieda.co.za on ���$�%&��� �'�������%(�� )��*+!���OR�� !"���À����� � ��� � ��������

!�������� � ,������ &���� ������ ������-.���� /��0� 123� 455� 67118��

�����99�&�����9124:������������������������������� �������� ������������.� ���������.������0�1;011�<�24011�/&������<�=�����8�� ��������� �

of R150.00 per document.

Completed bids should be submitted in a sealed envelope clearly

marked with the bid reference number and placed in the LEDA tender

���� ��� ������� �� ��À��� ��������� ����� ��� ������ ������������������ ��� ! .

"#������������������#������$��������������%&�'�����(�%)*

*��������������� ���������������� ����� �������������*** �������.� ��� >1�21� ����������� ���� � ��� ��� ��� ����������� �� �� ��� ="�

��.�� ��������9122:

���� ���� ��� ����� ���� �� ������� ��� >1� ����� ���� ��.�������� ����������

��������������������� ������������ ��������� ��:

��+������ �,�������������-�����*�.���� �123�9>3�3291����172�5>;�6622:

Jonti Tenders - 10248

EASTERN CAPEOFFICE OF THE PREMIER

Province of the

SCMU1-15/16-0015

For SCM related enquiries please contact:

Ms Andiswa Ketshese��������������� ������������� ���

BID NOTICE

SCMU1-15/16-0015 - APPOINTMENT OF A REPUTABLE PUBLISHING ENTITY TO MANAGE THE PRINTING,

INSERTION AND DISTRIBUTION OF THE PROVINCIALGOVERNMENT MONTHLY PUBLICATION

[MASINCOKOLE].

�������������������� ������!���������"��������� ��� �!� �"��"���#������ ���������!�� ���������������

$�� !�� ��%�##��������#��#��������!�&�����'�()�*������(��� ���������� ���+��!���'�,���"�������Avenue,

�#��-.$.�� �#������������/������&#���'�������0���������� "���"��!�� ���������1��� ����#����"��� ����

2(������"������ !�� �%������������"����� ���� ���������0 !������������#� ��� ����(����

Completed bid documents in a sealed envelope endorsed with the relevant bid number, bid description must

�����"��� ������ ���������3��� � ���� ���������� ���+��!���'�,���"��������4��� ���#��-.$.�� �#����'�5�� ��

&#�����2���" ����4��������#� ��� ����((����#��6����)�4"��#��(��%���������%�##�����"��������" �#���

PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT WILL BE APPLIED AND B-BBEE POINTS

WILL BE AWARDED AS FOLLOWS:

Price: 90 points | B-BBEE: 10 points

FUNCTIONALITY CRITERIA

& �� ����#� ����� �����%�##�����""#����#�������������������%�##������7 ����� ����������!���! !����)��"��� ��� ����

(���"��� �� ��"������� �� ������# � �������+����������1��--�& �� ����#� ����� ���������� ��#������"������� �

"����8���

BIDDERS SHALL TAKE NOTE OF THE FOLLOWING BID CONDITIONS:

��9������������ ���+��!����/ ""#��.�����*�����!�� �+�#����%�##��""#��

��9������������ ���+��!����������� ������� ��#�� ������" � ���#�%�� ������������� ��������������������� �������

������" � ���%��#�����"�� ���� �������

�������%���������#� �'�����!"#� �'� ������������ �!� �����������!�#������#�� ������##�'�%�##��� ��������" ����

��9�����##�%�������#��� ������/�$��'�/�$�)�����/�$����! � ������!"#� ��������������&��#����%����'� �������

%�##�����#�!��� ���

��9���/�$�(�! � ����"��"��#����!"#� ���������������&��#����%����'� �������%�##�����#�!��� ����

�������� �!� ������� ����#�������������"�����������������

��4���������#�������#���9�3�.#��������.�� ���� ��! � ����� �!� ���%� �� ��������&��# ��� ��� �!� �����������#�

������#���9�3�.#��������.�� ���� ��%�##���� # ���� ��������������#�!��� ���

��4���#���������� ������1��--���� ���� ��! � ����� �!� ���%� �� ���������������:��� ���� ������������ � !

! � �� �!� ��������#��� ����1��--���� ���� ���&��# ��� ��� �!� �%�##�� �!� ���##����� # ����� ������1�%������

���"��� �������1��--�

��& � ���!���'����# ��� ����!"#� ����� ����);�/<�1.�0924.9,05����"��� ���/�$���(�%�##�� �!� ���##����� #

��� ������1�%����������"��� �������1��--�

��/�� #�� ������������ ���� ��� �1��� ��� �!���� ����='�� ������!" #����� ��� �!� �����#����1��--���� ���� �

�����##�"��"����� �1��� ��� �����&��# ���%�##�� �!� ���##����� # �������"��� ���%�����������1��--'������"�� ������

���!������������ �!� �������������#������� �������"������ ���1��--���� ���� ��

��.�"�����.�!"����2���� �� ����.�� ���� ��%� ��2���� �������� �������������� ������ �!� ���%� �� �������

��$�"�� !�� ��������� ������� � ���""��� �!���� ��������/�������+��������

�� ,�� �������������>��� �?�� ��'� �����!"#� ������� #���������>?�4����!�� �����##�"�� ����! � ����� ������ �

��������&��# ��� ��� �!� '� �������%�##�����#�!��� ����

��9����!"#�����%�##��� ����������� ��� �%� ��������������"�������������������� �� ������� ���.�� ��#�����

-#�� ������/ ""#�����$� ������