In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Tuesday, 12 December 2017.
|
Silicosis: we’re close to a deal with the mines, says miners’ attorney GroundUp reports that a settlement between thousands of ill gold miners and the gold mining industry is possible before the end of the year, according to one of the attorneys for the mineworkers. Upwards of 100,000 mineworkers and former mineworkers, and their dependents, are claiming damages for contracting silicosis and/or TB from exposure to dust underground. The class action has been certified for trial by the South Gauteng High Court. Richard Spoor, who represents the mineworkers, told the Parliamentary Portfolio Committee on Mineral Resources that he was “reasonably confident” that the two-year negotiation over a settlement of the class action litigation would be concluded before the end of 2017. The settlement will be recorded in a Trust Deed signed by the gold mines and the mineworkers’ attorneys, and the deed will be registered with the Master of the High Court. The gold mines will pay into a Trust Fund to compensate the workers. Two of the largest of the top six gold mining companies have already set aside a total of about R1.76bn for this purpose. Spoor said that the Settlement Fund would have enough money to operate over ten to 15 years, and would be responsible for tracking, screening and compensating claimants. Read this report by Pete Lewis in full at GroundUp Citing “lawyers who loot” in asbestos case, DMR wants state representation on silicosis settlement fund GroundUp reports that Deputy Minister of Mineral Resources Godfrey Oliphant told Parliament’s portfolio committee on mines last Friday that private litigation “is a flawed solution to the problem of justice for workers who contract occupational disease” and that he had been “discomfited” by the past experience of the asbestos relief trusts. “Lawyers take their cut and disappear, while some workers in the Northern Cape died without receiving a cent”, Oliphant claimed. To prevent this, Oliphant suggested that when lawyers for ill former mineworkers and their erstwhile gold mine employers reach a settlement in the gold mining silicosis case, there should be government representatives on the board of trustees of the compensation fund to be set up to pay damages. Oliphant’s “looting” allegation referred to the Asbestos Relief Trust set up in 2003 and the Kgalagadi Relief Trust set up in 2006. By 2013, trustees had provided medical certification examinations for asbestos-related disease for 3,600 former mineworkers and their dependents, and had paid out a total of R250 million. But along the way the trustees were challenged a group of Kuruman residents who demanded compensation though they were not suffering from asbestos-related diseases. The trustees were not shown to have acted improperly in subsequent court rulings. Nonetheless the chairperson of the portfolio committee, Sahlulele Luzipo, agreed with Oliphant that the State “ought to be represented in the (silicosis) trust account”, and requested Oliphant to investigate this. Read this report by Pete Lewis in full at GroundUp
SA Poultry Association calls for probe into forced labour in Brazil Reuters reports that the South African Poultry Association (SAPA) has asked the SA government to seek "urgent comment" after a report indicated that thousands of workers in Brazil's meat and poultry sectors were victims of forced labour and inhumane work conditions. The report by the Washington-based Institute for Agriculture and Trade Policy (IATP), released last month, said slave labour in Brazil's poultry sector was "endemic". SAPA said this needed to be investigated immediately. The SA government has yet to respond to the request. SAPA said in a statement: "Thousands of South African workers have lost their jobs because of dumped chicken imports from countries including Brazil, which has now been exposed as a country where workers are subject to degrading working conditions and forced labour." Brazilian poultry companies have denied all allegations of using forced labour. The poultry business in SA has been fighting against competition from producers in Brazil, the European Union and the United States for several years. Read this report in full at Engineering News Other internet posting(s) in this news category
State rejects most of the wage review demands made by public sector unions BusinessLive reports that the government has rejected most of the wage and conditions of employment demands tabled by public sector labour unions at the Public Service Co-ordinating Bargaining Council (PSCBC). State negotiators told unions on Thursday that the state could only afford to adjust salaries as per the consumer price index (CPI) for employees on levels one to 10 and by CPI minus 1% for levels 11 and 12. The proposed increases were not well received by unions, which want the government to increase salaries by 10% for the highest-paid workers and 12% for lowest-paid ones. The unions have also demanded the phasing out of levels 1 to 3, but the government has rejected this demand too, among a list of others that include a R2,500 hike in the housing allowance and the increase and equalisation of pay progression for all public servants. Independent Labour Caucus spokesman Basil Manuel said unions looked forward to hearing the government’s rationale for the wage offers, while emphasising that because of the economic challenges in the country, they had not closed the door on talks. The next meeting of the parties has been set down for January to discuss the government’s offer. Read this report by Theto Mahlakoana in full at BusinessLive Unions to go to CCMA to lodge pay dispute against Wits University BusinessLive reports that four labour unions representing workers at the University of the Witwatersrand (Wits) are due to approach the Commission for Conciliation, Mediation and Arbitration (CCMA) this week, to lodge a wage dispute. Workers affiliated to the Academic Staff Association of Wits University (Asawu)‚ the Administrative‚ Library and Technical Staff Association (Altsa)‚ the National Union of Metalworkers of SA (Numsa) and the National Education Health and Allied Workers’ Union (Nehawu) have rejected a proposed 6.8% salary increase. Nehawu acting secretary at Wits, Tumisho Madihlaba, said workers were demanding 8%, and if the university failed to meet their request they would go on strike in January next year. Wits spokesperson Shirona Patel said the institution had not been informed of the CCMA referral yet, but that Wits was willing to participate in the dispute resolution mechanism. She added that the offer made by management was the best that could be made in present circumstances. Read this report by Bafana Nzimande in full at BusinessLive
Metalworkers’ union Limusa to continue wage strike at Agni Steel SA indefinitely ANA reports that the Liberated Metalworkers Union of SA (Limusa) said on Monday that it would proceed indefinitely with its wage strike at Agni Steel SA in Port Elizabeth. The protected strike follows protracted wage negotiations that started in 2016 and entered a fourth day on Monday. The union was originally demanding R48 per hour, but has now reduced its demand to R40.37 per hour. The company apparently pays workers R24 per hour. Agni Steel SA is a black-owned, Indian-backed, joint venture that runs a R400 million state-of-the-art, mini-steel mill, at the Coega Industrial Development Zone near Port Elizabeth. The company employs about 270 people and of those, around 200 are Limusa members. According to Limusa’s general secretary Cedric Gina, the company made several attempts to delay negotiations by raising frivolous jurisdiction points, which all eventually failed. He also said his members were firmly behind the demand for R40.37, which, if granted, would bring salaries in line with those applicable in the metal and engineering industry. Read this report in full in Afrikaans at Maroela Media. Read Limusa’s press statement at Cosatu Today Unions reject SABC’s new wage offer and threaten to go back on strike on Thursday ANA reports that two trade unions at the SA Broadcasting Corporation (SABC) on Monday threatened to resume their strike against a proposed salary increment following another impasse with the employer. The public broadcaster met with the Broadcasting, Electronic, Media and Allied Workers’ Union (Bemawu) on Friday and with the Communication Workers Union (CWU) on Monday, at which meetings a revised wage offer was communicated. Last month, the two unions went on a short strike after demanding a 10% increase for workers across the board, backdated to April 2017, but the cash-strapped SABC stood firm on its “zero percent offer”. Now, the SABC has offered both unions a 4.5% increase for the last six months of the 2017/2018 financial year for employees in the bargaining unit, to be paid at a later stage when the organisation is financially stable. The unions then met with their members to provide them with the feedback, and the members declined the offer. They have apparently decided to proceed with their strike action on Thursday. SABC management said it would continue engaging with the unions to try and resolve the impasse. Read this report in full at The Citizen. See too, SABC: We don't have money for wage increases, at EWN
Dismissals through scam liquidations common in engineering sector, claims Numsa The Star reports that the practice of companies dismissing employees through alleged fraudulent liquidation scams is playing itself out in a case before the Metal and Engineering Industries Bargaining Council (MEIBC). Thirty-four former employees of Unique Storage Equipment (USE) in Alberton are taking on Tim van Wyk for supposedly liquidating his company and firing his employees, only to re-register it using another trading name – allegedly with the same assets as the “liquidated” firm. The National Union of Metalworkers of SA (Numsa) asserts that the scam of liquidating companies in order to get rid of employees is common within the metal and engineering industries. In June last year, Van Wyk told employees he was undergoing voluntary liquidation and would be retrenching staff, but workers realised that their former employer was allegedly still trading under another name – Algoran Alrode Properties. A default judgment was issued by MEIBC commissioner Mohamed Raffee in February, where Van Wyk was ordered to reinstate the employees and pay them their salaries, backdated to when they were dismissed. A variation ruling was handed down by Raffee in March relating to the respondent company as USE had allegedly been liquidated. Van Wyk had also wanted the default judgment rescinded. Now evidence has emerged of deliveries still being made using the USE trading name. The workers believe this will strengthen their case for reinstatement and reimbursement. Read more of this report by Khaya Koko at SA Labour News
Denel’s cash problems may hit December salaries, trade union Uasa warns EWN reports that the United Association of SA (Uasa) has warned that Denel’s cash flow problems might result in more than 4,000 employees not being paid their December salaries. The state-owned company has experienced severe liquidity challenges resulting in the 13th cheques of staff members not being paid. Uasa’s Willie van Eeden said Denel simply had no cash and went on to add: “They have huge debts in terms of payments to their suppliers. That leaves them with a serious cash flow problem, which is one of the reasons they did not pay the 13th cheque at the end of November.” He also claimed that operations were grinding to a halt. Denel did not respond to a detailed list of questions from EWN, but did confirm that the company was experiencing liquidity challenges. A short report by Barry Bateman is at EWN
Basic Education denies reports that 1,800 teachers to lose jobs, but Solidarity still wants answers Pretoria News reports that the Department of Education (DBE) has denied what it said were insinuations by some school principals that 1,800 Gauteng teachers would lose their jobs next year. The department also rejected media reports that quoted some school principals saying teachers would be retrenched at schools that had seen a reduction in student numbers. Spokesperson Steve Mabona said instead of retrenching, the teachers would be deployed in line with departmental redeployment policies. But, according to Solidarity spokesperson Francois Redelinghuys, the department informed principals at the beginning of December that it would cut funding to about 1,800 teacher posts in provincial high schools alone, and that the posts were redundant. Solidarity served papers on the department on Friday, and said it would approach the North Gauteng High Court on an urgent basis should the DBE fail to respond. “Solidarity will act on behalf of its members in this matter, and will leave no stone unturned to reverse this decision,” said Redelinghuys. Read this report by Sakhile Ndlazi in full at Pretoria News. See too, Gauteng education department denies suggestions teachers will lose jobs, at The Citizen
Midrand strikers may be getting jobs back after dismissals 23 years ago Terry Bell writes that nearly 24 years down the line, a number of former Midrand municipal workers who were controversially sacked after a strike in 1994, might be getting their jobs back. There are reportedly about 280 workers left of the 500 who downed tools in 1994. The workers have maintained throughout that the prime reason for their dismissal was that they demanded action against corrupt practices within the council at the time. On Tuesday, a number of the surviving strikers will present their documents to the Johannesburg City Council, following discussions on re-employment. Vacancies for general workers and drivers will apparently be filled by the former strikers. However, the group is still arguing that their treatment, along with the alleged withholding or misappropriation of pension monies, should be investigated. On Wednesday, representatives of the workers will meet with investigators to provide what they say is documentary evidence that they were defrauded of benefits. The Financial Services Board has instituted an inquiry into the former Transvaal Municipal Retirement Fund and Joint Municipal Fund. Read this report at Fin24 VUT loses desertion case against HIV-exposed lecturer as it was aware of his whereabouts TimesLive reports that after accidentally being exposed to HIV‚ a lecturer chose to return to his family home to deal with the trauma, but before he could recover he was dismissed by the Vaal University of Technology (VUT). Dr Pieter Wynand Conradie challenged his dismissal and last week the Labour Court ruled in his favour. In January 2015, after Conradie was accidentally exposed to HIV he sought medical treatment and was placed on antiretroviral treatment. He returned to work in February "but his physical and mental state was deteriorating" and he decided to "recuperate'' at his parents' home in Worcester. Conradie handed over his supervisory duties to a colleague. While in Worcester he was informed that by "deserting his workplace without informing the university of his whereabouts‚" he was in breach of his contract. But the judge ruled that university must have been aware of his whereabouts as it telephoned him twice in Worcester and sent him a pension payout form to the fax number in Worcester that he had provided. Also, his home address as indicated in his contract of employment was also the relevant address in Worcester. The court found Conradie was entitled to a salary for two months and ten days. Read this report by Aydn Parrott in full at TimesLive Other internet posting(s) in this news category
‘The criminals have won’, as Cape Town’s busiest Metrorail line is ‘killed’ TimesLive reports that the Cape Chamber of Commerce and Industry’s (CCCI’s) response to Metrorail's decision to suspend services on the busy central line in Cape Town on Monday was that “the criminals have won." They had "sabotaged and killed a vital train commuter service that provided a transport lifeline for the communities most in need of affordable public transport", said CCCI president Janine Myburgh. Mayoral committee member for transport and urban development Brett Herron said he was not surprised by the collapse of Metrorail's services. Thousands were left stranded, many unable to get to work, after Metrorail said "months of sustained vandalism" from cable theft and destruction of infrastructure forced it to suspend the city's busiest train line. On Monday afternoon, thousands of commuters joined long lines at the Cape Town taxi rank. Metrorail regional manager Richard Walker said technical teams were doing repairs - accompanied by armed guards - to try to get services ready to resume on Tuesday. Read this report by Aron Hyman and Farren Collins in full at TimesLive Metrorail services on Cape Town’s central line remain suspended on Tuesday EWN reports that train services on Cape Town's central line remained suspended on Tuesday after thousands of commuters were left in the lurch on Monday. Metrorail put the brakes on services on the busy route, due to ongoing cable theft and vandalism. On Tuesday, the company made alternative arrangements, as Metrorail's Riana Scott explained: “Our weekly and monthly ticket holders may use Golden Arrow buses off peak. We will not be selling singles or returns to give people cash to make alternative arrangements.” Scott added that technicians were working flat out to get trains moving again on the central line. The Cape Chamber of Commerce and Industry (CCCI) said ongoing disruptions to Metrorail’s operations were costing businesses and workers dearly. Read this report by Graig-Lee Smith in full at EWN. See too, Cops called in to safeguard Metrorail technical teams in Cape Town, at Cape Times Other internet posting(s) in this news category
|
Get South African labour news reports at SA Labour News