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Martlé Keyter is MISA’s CEO of Operations and also serves as Deputy-President of FEDUSA (Federation of Unions of South Africa). She is a member of the ITUC (International Trade Union Confederation) Women’s Committee.

FOREWORD

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I am sure that not many of our members know that the history of MISA can be traced back to 17 June 1929 on the Witwatersrand. On this day, the Witwatersrand/Pretoria Motor Industry Employees’ Union was founded. This organisation was formed to cater for motor industry artisans and apprentices (the so-called blue-collar workers) in the Transvaal, at the time one of the most prosperous and fastest-growing crown colonies of the British Empire due to its wealth in gold.

The union grew fast and within a few months was renamed the Transvaal MIEU. The success achieved in the Transvaal spurred the formation of similar unions in other major centres. Five years later, the organisation had a national footprint and was called the Motor Industry Employees’ Union of South Africa (MIEU).

While the artisan-focused MIEU continued to grow nationally, in 1949 the Orange Free State colony established another union with the aim of organising white collar workers in all four of the provinces of the then “Union of South Africa”. This trade union was called the Motor Industry Staff Association (MISA) and was inaugurated on 22 September 1949 in Bloemfontein. There were 45 employees from 12 establishments at that first meeting.

Fast-forward a half-century on and I am pleased to report that, on our 90th anniversary, we also celebrated another big membership milestone: 50 000 members!

90 Years Youngby Martlé Keyter

MISA IS

Did you know that MISA celebrates its ninetieth birthday this year? And what a sprightly nonagenarian our organisation is! This year also marks the tenth anniversary of the MISA Women’s Forum.

This is tangible proof of MISA’s ongoing quest to keep up (and ahead) of the times. Today, we are still one of the most relevant, fastest growing and most active trade unions of its kind.

Our growth and success over the years can be attributed to our unwavering commitment to the protection and advancement of our members’ interests, our ever-growing range of value-added benefits, and service of the highest order.

We strive to continue on this path and look forward to celebrating our centenary celebrations with you!

Martlé Keyter

PS: Enjoy this special 90th anniversary edition of the MISA DATA!

MISA CEO: Operations

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This livewire, single mother of two is no stranger to adversity, but her success is tangible proof of the power of a positive attitude, hard work and tenacity. Thandeka describes herself as a simple girl who was raised in extreme poverty. She grew up with her grandparents, as her mom was working in the city to make ends meet. Today, she is the self-proclaimed ‘taxi queen’ of KwaZulu-Natal, a Toyota Knight and one of the top Toyota sales executives in the country.

She wasn’t always successful, though. When she started out in sales, she was battling. “But then I realised I wasn’t there to decorate the dealership. I had to get out on the road and see customers,” she laughs. And today she still spends most of her time visiting and building relationships with her customers, with excellent results.

MultitaskerDespite many roles, Thandeka has managed to find balance in her life. While she is very busy at work, she finds the time for active community involvement, self-improvement through her studies towards a diploma in Marketing, and spending quality time with her children.

“I can cook five pots on a four-plate stove,” she quips about her multitasking skills. She has managed to create the necessary support base, though. Her mother was earning next-to-nothing working in a factory, and she convinced her that she would support her if she became a stay-at-home granny to look after her young daughter.

Among other projects, Thandeka is involved with a soup kitchen where they feed 150 homeless people a week.

She is also a campaigner for equal rights and has fought for a second chance for a number of her colleagues who were on the verge of losing their jobs.

AmbitionThandeka has her sights set on becoming a dealer principal in a few years. “There aren’t many black female dealer principals around,” she says, and firmly believes she has what it takes to realise her dream.

During her tenure as MISA Woman of the Year, Thandeka plans to uplift and motivate other women. “Women have to overcome many obstacles, but it is possible to reach the top,” she believes.

Thandeka, as the winner of the 2019 MISA Woman of the Year, wins an overseas educational trip in 2020, sponsored by Aon South Africa.

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AND THE WINNER IS...

Thandeka is our 2019 MISA Woman of the YearThe 2019 MISA Woman of the Year is Thandeka Khumalo from KwaZulu-Natal. Thandeka is a Sales Executive at Bidvest McCarthy Toyota Edwin Swales and one of the best in the country.

Meet the MISA Woman of the Year Judges: (from left) Nalini Ballaram, Barloworld Motor Retail, Ester de Beer, EDB Staffing Solutions, Susan Riva, Aon South Africa, Lara Theron, The Hothouse Communications.

As has now become tradition, the MISA Women’s Forum again presented their coveted Women’s Forum breakfasts during Women’s Month in August this year.

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MISA WOMEN’S FORUM

MISA Women’s Forum Breakfasts go from strength to strength

Held across all the MISA regions, the events have become a must-attend for women in the South African retail motor sector. It is not only an opportunity to network and socialise, but also to give back in the form of support to various charities.

World-class guest artists

The MISA Women’s Forum Breakfasts have also become known for the exceptionally high standard of guest artists or speakers, with Nique Cloete-Barrass, Pedro Kruger, Lizz Meiring, Kirkland, Gino Fabbri and the Glitter Girls on the 2019 line-up.

“We would like to thank every special MISA woman for their attendance, and a big thank you to our sponsors,” says Karen Gouws of MISA. “Thank you to Aon South Africa (Pty) Ltd for being our Main Sponsor for 2019.” A word of appreciation also goes to the following sponsors:

Johannesburg:

Jenni Gault International Jewellery Design, Avianto (Muldersdrift), Indaba Hotel, Spa & Conf. Centre (Fourways), Ebenhaeser Group SA, Janus IT cc, The Fairway Hotel, Spa & Golf Resort (Randburg)

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MISA WOMEN’S FORUM

Please visit www.misa.org.za for more photos.

Cape Town:

Jenni Gault International Jewellery Design, Bea’s Rusks, Environ, Hillcrest Berry Orchards, Ina Paarman, Inverdoorn Private Game Reserve, Mercedes-Benz Brand Centre, Mercedes-Benz Century City, Mercedes-Benz Commercial Vehicles, Mercedes-Benz Culemborg

Bloemfontein:

Jenni Gault International Jewellery Design, Poo-Pourri, RNA Distributors, Progast, Tuscan Rose

Port Elizabeth:

Jenni Gault International Jewellery Design, Blue Waters Café, Cape Dry, Curves (Walmer), Irene Louw Photography, Isando Gate Boutique Hotel, Total Concept

Durban:

Jenni Gault International Jewellery Design

East London:

The Beauty Clinic, Supertech East London

CARING ABOUT

Unpaid care work is any work, free of charge, in a household or community. In the household, it includes domestic work, such as cooking, cleaning, washing and water collection.

Unpaid care work also includes activities that nurture others, such as taking care of children and tending to the elderly and the sick. These tasks vary in physical effort and time-intensity, depending on location, socio-economic status, as well as age, marital status and number of children. Products of unpaid care work may also benefit those in the community, such as cooking a meal for a neighbour or volunteering in a homeless shelter.

While it may be difficult to put a price on unpaid care work, it is not hard to guess which gender does the greater share of this type of work.

Care work, paid or unpaid, is regarded as the primary responsibility of women worldwide.

Women therefore spend far more time doing unpaid care work than men. According to the UN’s International Labour Organisation report, this is calculated at an average of close on four and a half hours each day of unpaid caregiving by women, of working age worldwide, compared to well under 90 minutes for men. The report indicates that nearly 22 percent of women of working age worldwide perform unpaid care work on a full-time basis compared to only 1.5 percent of men.

Women everywhere, regardless of their country’s level of development, perform a disproportionate amount of unpaid care work. When paid work is added to the unpaid care work, it is no surprise that women, who often work a ‘second shift’, work longer hours than men.

Both paid and unpaid care and domestic work are critical for the well-being of individuals and society as a whole. While certain tasks may be more enjoyable than others, like spending quality time with one’s children or cooking dinner, they all contribute to a functioning and healthy society. However, the disproportionate share of the work women have to shoulder has a direct negative impact on their ability to participate and advance in the formal labour sector or the political sphere. This is one of the leading causes of gender gaps in employment conditions, wages and pensions.

The motherhood employment penalty

Working mothers carry an even heavier burden, referred to as “the motherhood employment penalty”. This group of workers is seen as less likely to hold a job than their childless counterparts. This not only impacts on their economic situation, but also has negative consequences for their health, well-being, as well as advancement possibilities within the workplace.

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TOPICAL

Unpaid Care Work

Most people would struggle to put a price on the value of the unpaid care work they do. But what is unpaid care work?

By Thandeka Phiri, MISA’s National Training Manager

The gender gap in unpaid care work remains a major obstacle to women’s participation in the labour market and is a driver of gender inequalities. This calls for more to be done to change attitudes towards women in the workplace.

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TOPICAL

A starting point is the recognition and quantification of unpaid care work and the effect it has on those who perform it. This needs to be followed by implementation of policies and practices in the world of work, which need to be adjusted to support greater work-life balance and gender equality. These policies need to promote appropriate time, opportunities and provide flexibility for both men and women without negatively affecting career development.

Nolwazi Reneé Ntshingila, 2013 MISA Woman of the Year, was honoured at the recent annual Gumtree Women in Autos Conference. Professionals in the motor industry had the opportunity to nominate their peers for special recognition by voting online.

“A theme from last year’s event was Women honouring Women, which is why we decided to let the motoring

2013 MISA Woman of the Year honoured by peers

NOLWAZI RENEÉ NTSHINGILA

Gender equality is essential for fair, inclusive and sustainable growth. A more balanced share of household and care responsibilities is therefore needed. This includes the ability, eligibility and willingness by men to take family-related leave, such as family responsibility or compassionate leave.

Although it is not a conclusive list of actions required, this will go a long way towards supporting women in the workplace who may feel like they are being penalised for their gender and even more so for being working mothers.

industry nominate candidates for their work. We received hundreds of nominations and thousands of entries,” says Claire Cobbledick, GM of Gumtree South Africa.

Reneé was nominated by her colleague, Gerda Louw, in the category Excellence in HR, Finance and/or Admin. Three women were nominated and Reneé received the most votes to win the category.

Nolwazi Reneé Ntshingila receives her award fromJeff Osborne, Head of Gumtree Auto ZA.

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GETTING AHEAD AT WORK NO MATTER WHAT YOUR JOB IS

Learn from (and emulate) the people who do their job well

It’s easy to identify the top workers. They’re the ones managers defer to and ask for advice. They’re the ones who always seem to come through with the things that need to be done. Learn from these people. Ask them how they get things done. Watch what they do.

Build positive relationships with everyone in the workplace

You can only gain from building a positive relationship with everyone in your workplace, from the highest level of management that you can easily interact with to the person who empties the garbage cans. Be friendly to everyone. The more people you develop positive relationships with (both up and down the hierarchy), the better off you’ll be.

Some people seem to fit in well, do their work, and usually get the perks – opportunities, raises, and promotions.

Others are just kind of “there” – they do their work, but they never step up to the plate and rarely get the perks.

Obviously, from the perspective of personal finance success, you’re far better off being in the first group.

The most interesting part is that people actively choose which group they’re in through their actions. If you want to get ahead, here are five tactics you can use, no matter where you work.

Minimise negative comments

While it might feel good to participate in the negativity of gossip, don’t. Negativity in the workplace drags everyone down and positivity lifts everyone, so stick with the positive.

Keep up your productivity

If you have downtime, find something useful to do. Clean up your workspace. Clean up the store. Work on a low-priority project. Improve your skills. There are always things that can be done – don’t just sit or stand around waiting to be told what to do.

Do every task you’re given as well as you can

When you’re given a minor, menial task, it’s often very tempting to do it with minimal effort just to get it done. Try to give your complete focus to the task at hand and do it as best you can.

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TOPICAL

5 Surefire Tips for getting ahead in your career

In every place I’ve worked, I’ve noticed a handful of patterns, writes Trent Hamm of The Simple Dollar.

proceedings would continue. The employees approached the Labour Court, which held that the employer was prohibited from pursuing disciplinary action against the employees, as they had resigned with immediate effect.

Looking at the Naidoo case, it seems that the employer will first have to resort to alternative remedies and seek an order for specific performance to hold the employee to their notice period, before a disciplinary hearing can commence.

As is evident, it is a complicated matter and a decision you should make with caution. It is therefore important that you consult with MISA first to guide you along the way.

What is important to remember, though, is that if you resign with immediate effect, your employer can still institute a damages claim for breach of contract.

Consult before you act. As always, MISA is only a phone call away!

CAN YOU RESIGN WITH IMMEDIATE EFFECT TO

By Jay-Dee Britz, Senior Labour Advisor, MISA

In a previous MISA Legal article, we looked at whether an employer can still take disciplinary action against an employee who has resigned with immediate effect.

In this article we revisit the question in the light of two recent Labour Court decisions which seem to be contradictory.

In the Coetzee case, the Labour Court found that an employer may proceed with disciplinary action after an employee has resigned. The court further found that an employee has either a statutory or contractual duty to give the prescribed notice and therefore held that an employee’s employment contract only terminates after the end of the notice period. Nothing therefore prohibits an employer to proceed with disciplinary action against an employee before the employee’s notice period has lapsed.

This issue was again considered in the recent Naidoo case. In this matter, two employees resigned with immediate effect, pending disciplinary action. The employer informed the employees that their resignations were rejected and that the disciplinary

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LEGAL

Avoid Disciplinary Action?

As a rule of thumb, these persons entered into written agreements describing them as independent contractors, yet they work in an office, have set working hours and render services that an employee would normally render.

Section 213 of the Labour Relations Act (LRA) defines an “employee” (for purposes of the LRA) as:

(a) any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and

(b) any other person who in any manner assists in carrying out or conducting the business of an employer.

This definition is not really of any assistance in determining whether a person was an employee or an independent contractor. An independent contractor also “works for another person” while receiving “remuneration” from that person.

Traditionally, the Courts used three tests to determine this difficult question:

• The control and supervise test An employer has the right to tell employees what to do and how. In the case of an independent contractor-agreement, the person who pays for the service or goods is more interested in the outcome (the product or service) and not necessarily in the “how” the contractor produces the end-result (provided the quality is acceptable). As such, the

test states that if the person (who is alleged to have been the employer) had the right to control and supervise the other person’s performance, an employer-employee relationship existed.

• The organisational test An employee normally forms part of an employer’s organisation. As such, the employee will report to a supervisor and other employees, in turn, may report to the said employee. Explained differently, the employee’s name will normally appear in an organogram. On the other hand, one does not expect an independent contractor’s name to appear in any organogram.

• The dominant impression test This test simply states that the court must take all the facts into account and the dominant impression left by the facts will guide the court as to whether an employer-employee relationship existed. The test was frequently criticised as being too vague and of no real assistance.

In 2002, the LRA and the Basic Conditions of Employment Act (BCEA) were amended by the insertion of Sections 200A (in the LRA) and Section 83A (in the BCEA).

Both Sections provide that, for purposes of the said legislation, a person earning less than the threshold prescribed by the Minister (presently R205 433.30), who works for any other person is presumed to be an employee (unless the employer proves the contrary), if any one or more of the following factors are present:

(a) the manner in which the person works is subject to the control or direction of another person;

(b) the person’s hours of work are subject to the control or direction of another person; (c) in the case of a person who works for an organisation, the person forms part of that organisation;

By Dr Gerrie Ebersöhn, Gerrie Ebersöhn Attorneys Inc.

From time to time commissioners at the CCMA are called upon to determine whether a person, normally claiming to have been unfairly dismissed, was an independent contractor or an employee.

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LEGAL

Who’s your Employer?

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(d) the person has worked for that other person for an average of at least 40 hours per month over the last three months;

(e) the person is economically dependent on the other person for whom he or she works or renders services; (f) the person is provided with tools of trade or work equipment by the other person; or (g) the person only works for or renders services to one person.

Therefore, if any one of these factors are present, the person is deemed to be (or to have been) an employee and the employer must then prove that the said person was, in fact, an independent contractor.

Factors (a) and (b) are distilled from the supervision and control test. Factor (c) is drawn from the organisational test. Factors (e) and (g) deal with the question whether the person (claiming to have been an employee) was economically dependent on one person (the alleged employer) for work and remuneration.

The question then arises: How does the employer prove that the alleged employee was not an employee if one or more of the above factors apply (and therefore the said person is presumed to have been an employee)?

The Labour Appeal Court (LAC) no longer uses the tests listed above. The LAC now applies the “reality test”. This test states that the court must look at all the facts (similar to the dominant impression test) and then determine whether the person in reality was an employee. The Court will evaluate each of the factors listed in Section 200A and Section 83A. The Court will also take other “realities” into account, such as that:

• The parties may have represented to SARS that the person is (or is not) an employee; and

• The person may have specifically requested not to be employed as an employee, but rather to work as an independent contractor, as this held more tax benefits for the said person. Normally in that case, the Court will not allow the person to allege that they were an employee when they specifically did not want to be an employee.

In cases where the alleged employee earned more than R205 000 per year, the LAC applies the reality test and has stated that the factors stipulated in Section 200A and Section 83A serve as a guideline to determine whether the person was an employee or an independent contractor.

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LEGAL

Our promise to our members is to protect and advance their interests and to render service of the highest order. We are, however, bound and guided by rules and legislation, the judgments of the courts and the merits and circumstances of each dispute.

By Tiekie Mocke, Manager, MISA Legal Department

Suitable alternative found, but to no avail In the Western Cape, an employer identified one of our members for retrenchment. This was done without prior consultation with MISA. (It is important to note that MISA must be consulted in such cases, as is prescribed in the Labour Relations Act.) Once we became aware of the looming retrenchment, MISA immediately engaged with the employer and halted the process. Our member was previously a service advisor at the dealership and instructed us to negotiate a similar position as an alternative to retrenchment. Through MISA’s persistence, we succeeded in securing a service advisor’s position for our member at the same salary and with an opportunity to earn incentives. The regrettable part is that our member, despite the instruction to MISA, refused to accept the position and was retrenched without any severance package. Disciplinary hearings or dismissals MISA’s By-laws provide that we may refuse to render legal services to any member if we believe that the member has no reasonable prospects of succeeding in their dispute, case or claim against their employer. Having said that, our refusal is not a one-sided uninformed decision. We are an ethical organisation and MISA will not get involved in cases where our members have admitted to theft, fraud or gross dishonesty. In a recent case, our member was charged with fraud and gross dishonesty. After receipt of the notice and during the interview, our member again denied committing fraud or being dishonest. MISA incurred extensive travel costs to represent our member in Cape Town. Sadly, it was then confirmed that our member had, in fact, after 16 years of service, made a screen-grab of a customer’s signature and pasted it onto the customer’s contract.

We will not be true to our mission if we provide false hope, create unrealistic expectations or attempt to go beyond legislation. Each case is therefore judged on merit and considered within the legal framework. Restructuring or retrenchments It is our duty to determine whether a dismissal based on operational requirements is fair and in line with the provisions of the Labour Relations Act. One such aspect is the selection criteria used to determine whether an employee/member will be affected, as well as whether the employer followed the correct process by consulting with MISA first. Should the employer not have consulted with us, it is our duty to interdict them from continuing with the process without us. This is done through an urgent application to the Labour Court or High Court. Let’s look at a few cases. Case won, but member resigns a month later MISA filed an urgent application through the Labour Court in February 2019 to instruct an employer in Gauteng to reinstate one of our members, after being unfairly dismissed due to operational requirements. The employer refused to follow a fair process and disregarded MISA’s input and consultation. Once the interdict was issued, the employer reinstated our member. It was a costly exercise though, as MISA paid legal fees to the value of R21 000. The sad part is that our member, despite the mandate to MISA, resigned less than a month later.

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LEGAL

MISA leaves No Stone Unturned

The message that I wish to bring to you, as a MISA member, is that we will leave no stone unturned to assist you when you are involved in any labour dispute, regardless the cost. That is our responsibility. Your responsibility is honesty and accountability.

LEGAL

It was, unfortunately, an instance where we wasted money and resources on a member who was dishonest and misrepresented the facts to us. In another case, an employer in KwaZulu-Natal became aware of gross irregularities after an audit revealed that critical safety components were fitted by unqualified employees and discarded without any safety precautions. Joint misconduct was found, ranging from management level to lower levels. MISA reviewed the matter and on a technical point engaged with the employer in an attempt to reach consensus on possible settlements and ways to assist our members. The employer engaged in good faith with MISA and settlement agreements were negotiated on behalf of every member with the

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The Motor Industry Staff Association (MISA) condemns in the strongest possible terms the scourge of gender-based harm so prevalent in our society and has called on Government to act on the senseless and violent crimes committed against women in particular. “We can no longer stand back and allow our country’s women to be discriminated against, harmed, harassed, abused, assaulted, raped and murdered as just another statistic in a country where self-enrichment seems to take preference over social justice and the basic human rights enshrined in our Constitution,” says Martlé Keyter, MISA’s CEO: Operations. “We abhor all forms of violence, abuse and discrimination against any person regardless of their gender, sexuality, race or nationality. The time for idle and vague promises has passed. Decisive and strong leadership is required to eradicate gender-based harm,” says Martlé.

MISA is pleading with Government for a normalised society in which everyone feels safe and secure. “No woman should be threatened or at risk or be subject to cowardly violence. The State should now take the very real threat on the lives and livelihood of all women in South Africa seriously and implement measures that will restore the basic values so lacking in our disturbed society,” Martlé maintains. “We are enraged by the harm that afflicts women in South Africa every day of the year. We condemn those who encourage gender-harm. We are appalled by the lack of political leadership and we deplore the physical, sexual, psychological or economic suffering inflicted on women.”

It is time to stop the senseless gender-based violence

exception of two. During arbitration, on a technical point only, final settlements were negotiated. It was therefore surprising to learn, during a MISA visit, that one of our members had said they were not ready to join MISA again as ‘MISA had done nothing for them’.

Continued from page 13.

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WOMEN’S FORUM

I grew up in Bizana in the deep rural areas of the beautiful Transkei and in a poverty-stricken family, but my mother, Nozipho, managed to provide for me and my brothers with all our basic needs from labouring as a domestic worker. She believed in Nelson Mandela’s view that education is the most important weapon to eradicate poverty and unemployment.

I was fortunate to obtain a post matric qualification in mechanical engineering at the Port Elizabeth College in 2015. Prior to my studies and during my time of study, I worked as a domestic worker and also sold fat cakes (vetkoek) to fund my studies. I met my husband, Paul, at college. He was, and still is, my support system. He used to encourage me with the words, “Study hard because I’m counting on you.”

On 1 June 2016, I started my apprenticeship as an Auto Technician at Tavcor VW Port Elizabeth and recently passed my Level 3. I am currently busy with my Level 4 training. I try to use all the opportunities which come my way to motivate others by sharing my life-story, especially if I can assist with the upliftment of our youth.

The 2018 MISA Woman of the Year award ceremony was a true highlight in my life! My whole body literally froze when my name was called as the 2018 MISA Woman of the Year and Paul had to pull me up from my chair to go to the front.

Then it was off to the 2019 Nada Convention in San Francisco in January this year. What an amazing experience! I was part of the MISA group consisting of the MISA CEO (Operations), Martlé Keyter, and MISA President, Koos Olivier, as well as Gerhard Lourens and Virna Potterton. We were like family during the whole

trip, sharing lots of laughter and keeping each other safe. I had a great time with them. Sometimes words cannot explain the experience and companionship.

I learnt a lot at the show. The session on harassment in the workplace stood out for me and we received tips on how to prevent similar incidents in the workplace. A special moment for me was the talk by Carey Lohrenz, the US Navy’s first female F-14 fighter pilot.

We visited amazing places in San Francisco and my shopping experience was out of this world!

I brought back so much experience and knowledge which has enriched my life, which I, in turn, try to invest in others.

I would like to thank:

• My mother, Nozipho, for my upbringing and laying a solid foundation in my life.• My teachers in Hlamandana High School, who taught me Maths and Science, which opened up opportunities for me.• My lecturers at the Port Elizabeth College, who granted me the opportunity to work for them as a domestic worker and fund my transport to college.• Tavcor VW Port Elizabeth, for employing and equipping me with the relevant skills to become a qualified automotive technician.• MISA, for being so supportive on so many levels, encouraging me and seeing something special in me to grant me the opportunity of being the 2018 MISA Woman of the Year.

MISA Woman of the Year, an exciting, enriching and exhilirating experienceZukiswa Sithole, the 2018 MISA Woman of the Year, shares her inspirational story.

Zukiswa Sithole, the 2018 MISA Woman of the Year, is pictured with her husband, Paul, at the 2018 MISA Woman of the Year award ceremony.

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FINANCE

Section 14 defined

A Section 14 Transfer is when your retirement annuity is moved from one insurer or asset manager to another. There are, however, risks to consider that you may not have foreseen. For instance, while your retirement fund money has been transferred to another fund, do you know if all your benefits have been transferred as well?

In terms of section 14 of the Pension Funds Act of 1956, you can transfer retirement fund benefits from one retirement fund to another. According to Old Mutual, in essence, this means that assets funding a member’s benefits in an approved fund can be moved to another approved fund or to any other person.

Noteworthy risks to consider

Before implementing a move between retirement funds, it is critical to understand the risks. Gareth Stokes, in an article for the South African insurance and financial services industry, highlights potential risks which financial intermediaries should alert their clients to. These include:

• The risk that your current retirement fund may be reduced when the contract is cancelled or transferred (you may incur a penalty fee if you are exiting the retirement product earlier than the agreed-to contract).

• The risk of forfeiting valuable guarantees on the existing fund (check the original policy for any guarantees that cannot be met in the new fund).

• The risk of forfeiting life, disability or other risk benefits, such as ill health on the policy when transferring (check the existing benefits on the original policy to determine whether such benefits do exist).

• The risk of missing viable options within the same retirement annuity fund (usually for the same amount you can move to a new generation, low cost retirement annuity).

Speak to your fund’s financial advisor

It is crucial to have robust conversations with the financial intermediary managing the fund to discuss these risk factors when your money is being moved to another retirement annuity. It is important to assess your financial position before and after the move. A detailed financial analysis and review of the cost-benefit ratio is recommended from an advisory point of view. When transferring your fund, due attention should be given to capital available for transfer and the remaining number of years to retirement.

Is a Section 14 Transfer worth your while?

If you have answered yes to the first question, this could possibly mean that you are joining a new employer. Irrespective of whether you are moving to a new employer’s retirement fund or for the promise of lower service fees and better returns, these are investment decisions that you have to make from time to time.

However, if you have answered yes to the second question, this could be attributed to a couple of scenarios: either your company has been taken over or your employer has applied for exemption.

Scenario 1: Takeover A takeover is basically the purchase of one company by another, an inevitable occurrence in almost any industry. Section 197 of the Labour Relations Act deals with the transfer of a business and the rights of employees affected by such a transaction.

Sometimes this transaction may have consequences that employees do not necessarily consider or are not privy to. For instance, when a takeover occurs, you are ultimately compelled to become a member of your employer’s retirement fund.

Scenario 2: ExemptionsEmployers may apply on behalf of the company for exemption, thereby precluding the entity from belonging to the prevailing retirement fund. If you work in the motorindustry, we would like you to be mindful of the fact that when exemption is agreed to, you are required to move over to the company’s nominated retirement fund.

By Leesha Koobair, Strategy and Development Specialist, MISA

Are you moving your retirement fund to another fund? Or are you obligated to join a new fund?

Surprisingly, there are a few employers who would rather pay the penalty for not meeting the B-BBEE targets for transformation rather than implement transformation strategies.

There are many misconceptions and multiple definitions of disability within various workplaces. Despite clear legislation, certain employers still rely on defined lists of conditions* they consider as constituting disabilities, including chronic illnesses. This means that these employers will artificially meet employment equity targets, while the reality is quite different.

However, the people with disabilities who are fortunate to gain employment and training, still face many challenges in the workplace.

While physical changes, such as modified working environments and easier access to bathrooms, lifts, parking bays for employees with disabilities and other measures provide some relief, the true test is whether people with disabilities are fully integrated into the mainstream.

South Africa has well-defined legislation with specific percentages and incentives concerning the employment, training and support of people with disabilities in both the private and government sectors. Is this enough, though?

Looking at the national disability prevalence rate for South Africa, which is pegged at 7,5%, wherein disabilities are more prevalent among females compared to males (8,3% and 6,5% respectively), it clearly is not. These statistics could even be higher as a result of under-reporting.

The Employment Equity Act states that at least three percent of the workforce should be employees with disabilities. While corporates are heavily penalised for not meeting B-BBEE score card targets, there are limited consequences, if any, for the public service, which fails to achieve targets.

Some corporates do go out of their way to embrace transformation and successfully create employment for people with disabilities, but there is still much room for improvement.

By Thandeka Phiri, National Training Manager, MISA

17 | MISAData

Is Disability Transformation progressing at an acceptable pace?

The employment of people living with disabilities remains one of the major employment equity challenges in South Africa.

People with disabilities can contribute as much, or even more, than their able-bodied colleagues if employers remove unfair discriminatory barriers and make reasonable accommodation for their needs.

We look at what employers must do to make reasonable accommodation for people with disabilities.

What employers should do • Prioritise the employment of people with disabilities as a fundamental part of the company’s objectives.

• Embrace transformation in relation to disabilities beyond just the accessibility to amenities for people living with disabilities.

• Provide people with disabilities with a wider job spectrum rather than ‘box’ them into positions such as clerical or administrative work, call-centre positions or others with limited growth.

• Provide equal opportunities for all employees.

MISAData | 18

DISABILITY

How employers can accommodate disabled personsBy Thandeka Phiri, National Training Manager, MISA

• Create a culture that encourages employees to share their disabilities without fear of marginalisation or reprisal.

• Offer awareness programmes on disabilities and the management thereof in order to create better understanding.

criteria for selection that exclude people with disabilities. Workplaces are inaccessible and training is inappropriate, or not available.

Employees who become disabled are often dismissed for poor performance or incapacity. Or they eventually resign. They are often encouraged, or forced, to apply for disability benefits, and they tend to retire earlier. If their needs are reasonably accommodated, they can continue to work as productive employees.

Unfortunately, ignorance, fear and stereotyping still cause unfair discrimination against people with disabilities. The reality is that they battle to find employment and often remain in low status jobs with lower remuneration.

Unfair disability discrimination is perpetuated in many ways. There are many unfounded assumptions about the abilities and performance of job applicants and employees with disabilities. Employers set

* There is no defined list of conditions that constitute disabilities. The Employment Equity Act defines people with disabilities as people who have a long-term or recurring physical, including sensory, or mental impairment which substantially limits their prospect of entry into or advancement in employment.

MISA, in partnership with the RMI, is currently rolling out a Retail Motor Industry Workplace Disability Project on increasing awareness of disabilities and can also assist employers to navigate their way through verification of disability disclosures and the successful management of workplace disabilities.

For more information, please contact Thandeka.Phiri@ms.org.za.

Embracing transformation does not only lie with the employer or management. Everyone has a responsibility to educate themselves on the issues and barriers regarding transformation.

It is undeniable that there are skewed power dynamics in the workplace, namely:

• Women are generally the victims of sexual harassment in the workplace.• Sexual harassment has a negative impact on employees’ abilities to fully participate in the work environment – and often results in negative psychological effects, including constant fear, anxiety and trauma.• There is often a culture of ‘silencing’ in the workplace, where the perpetrators are commonly known, but a fear of reporting them leads to further harassment, threats of job losses and other forms of ill-treatment.

To address the issue of sexual harassment in the workplace, the Minister of Labour in 2005 declared the Amendment to the Code of Good Practice on the Handling of Sexual Harassment Cases as the core guideline in preventing and addressing workplace sexual harassment. According to this amendment, businesses now have extensive and inclusive definitions of harassment and violation in the workplace.

Although the amended Code applies to the workplace, victims and perpetrators of sexual harassment may include the owners, employers, managers, supervisors, employees, job applicants, clients, suppliers, contractors and “others having dealings with a business.” The Code even covers non-employees who fall victim to sexual harassment at a particular workplace.

The definition of sexual harassment in terms of the Code has been broadened to include “unwelcome conduct of a sexual nature”. This will be able to serve as a guide to businesses to enable employers to create and establish a culture in the workplace whereby the dignity of all employees is respected.

However, employers need to build on the Code by developing clear policies and procedures to ensure that complaints of sexual harassment are investigated and addressed with the necessary sensitivity and confidentiality, all forms of sexual harassment are prevented and employees are required to refrain from perpetrating acts of sexual harassment.

Employers need to ensure that these policies also address the provision of support to victims of workplace violence and harassment, through paid time off work, employee wellness programmes and support as well as reviewing existing company structures to accommodate staff at various levels, such as the provision of transport for shift workers.

These policies need to be widely shared on multiple platforms and employees need to be trained extensively on them to ensure their effectivity.

It is the duty of employers to protect their employees from sexual harassment and to ensure that employees are not being victimised by their colleagues.

19 | MISAData

WORKPLACE

There were also revelations of how prominent businesswoman, Dr Thandi Ndlovu, was failed by the police when she reported domestic violence metered against her by her husband. In addition to these high profile cases, there were countless unreported incidents of Gender Based Violence (GBV), some of those in the workplace. Ironically, these attacks happened in August, the month dedicated to the commemoration of women.

While many have spoken out against GBV, the battle to end this scourge is far from won. A study by Stats SA in 2018 revealed that about 2.3% of women believed it was acceptable for a man to hit a woman. Study authors said, “It could therefore be fair to conclude that it is not possible to eliminate violence against women when there are women who still believe that it is acceptable to be hit by a man.”

How then do we change beliefs and attitudes towards women and children, transform the thinking around violence, domestic abuse and femicide?

This is a challenging task, but not impossible. A good starting point is the workplace where, ironically, gender-based violence and sexual harassment are rife and occurrences are reported more frequently than within social or private spaces.

GBV has a major impact on the economy, regardless where it occurs. The costs include loss of income and opportunities, taxes, health, justice and social service costs. It is therefore both a social and economic issue and makes a strong case for business to invest in interventions to curb the scourge of GBV.

Business & Gender Based Violence - is there a connection?By Thandeka Phiri, National Training Manager, MISA

September was marked by countrywide protest marches emanating from a series of horrific attacks on both women and children, notably the murder of South African boxing champion Leighandre “Baby Lee” Jegels by her estranged police officer boyfriend, and the rape and murder of Uyinene Mrwetyana, a 19-year-old first year UCT student.

MISA is a registered trade union in the retail motor sector (LR2/6/2/1226). MISA is affiliated to the Federation of Unions of South Africa (FEDUSA), a politically non-aligned trade union federation representing its members at national and international level.

• The Protection and Advancement of our members’ interests• Benefits offering value for money • Service of the highest order

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Head Office

t (011) 476-3920 f (011) 678-4537 • info@ms.org.za201 MISA Centre, 12 Fir Drive, Northcliff Ext 2, Johannesburg, 2195 • P.O. Box 1604, Northcliff, 2115

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t (011) 678-6328 f (011) 678-4112 • northern@ms.org.za205 MISA Centre, 12 Fir Drive, Northcliff Ext 2, Johannesburg, 2195 • P.O. Box 35784, Northcliff, 2115

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t (031) 201-2710 f (031) 571-003 • natal@ms.org.za406 Strauss Daly Place, 41 Richefond Circle, Ridgeside, Umhlanga Ridge, Umhlanga, 4319P.O. Box 37574, Overport, 4067

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