Latest news with #LabourCourt
IOL News
25-05-2025
- Business
- IOL News
Durban paint company appeals Labour Court ruling on unfair maternity leave discrimination
A Durban paint company will ask the labour court for leave to appeal against a finding that it had unfairly discriminated against a pregnant worker by sending her on maternity leave without pay, three months ahead of her actual pregnancy leave starting. Image: File A Durban paint company, who was ordered to pay a former worker more than R700,000 after the Labour Court found that it had unfairly discriminated against the pregnant woman by sending her early on maternity leave without pay, is set on appealing the ruling and will argue that the court has made several erroneous findings against it. Induradec Coatings Pty in Pinetown has been ordered to pay Tiisetso Daisy Moleme, a chemist working for the company, R724,000 in compensation, which is equivalent to 11 months' salary. The paint company has meanwhile filed an application for leave to appeal the ruling. As Moleme's job entailed the development of products and research, she became concerned about the chemicals with which she had to work when she became pregnant. After telling her employer that she was pregnant, she expressed her concern to the human resources department and requested to be moved out of the laboratory. She said she was promised alternative duties in the meantime, but this never happened. Instead, she was told that she was being placed on early maternity leave, without pay. The company explained to Moleme that "this is best for the benefit of both you and your unborn child". The court ruled that Moleme was unfairly discriminated against on the grounds of pregnancy, but it commented that the company did not act out of malice when it placed her on unpaid, early pregnancy leave. The court also found that the company had failed to establish that Moleme's removal from the lab for the duration of her pregnancy had been necessary. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ In its grounds for asking for leave to appeal, the company questioned this and other findings and said the court failed to consider that Moleme was the one who asked to be removed from the laboratory. It questioned how the court could find that Induradec Coatings's conduct was discriminatory under these circumstances, especially as there was no request from Moleme to be placed back in the lab. The paint company said the court also erred in dealing with the aspect of compensation to be paid to Moleme. It awarded more than R700,000 in compensation, under circumstances where she would have had less than three months to work before she went on pregnancy leave. She would then have faced the same situation (after going on normal pregnancy leave) as she would have had to obtain UIF payments instead of her salary, the company reasoned. It questioned how the court could have found that the paint company did not act in bad faith towards Moleme, yet it was ordered to pay her 11 months' salary. This, it said, under circumstances where she only lost out on three months' pay before going on maternity leave. The paint company added that the court had failed to consider the fact that it had taken steps to find out how to deal with the situation. It pointed out in its application that it has checked with two doctors as well as an occupational health and safety practitioner on an alternative mechanism to be used by Moleme so that she could continue her work in the lab. No date has yet been set down for the leave to appeal application.
Irish Times
23-05-2025
- Irish Times
Flute teacher to appeal WRC ruling he was not a whistleblower
A flute teacher who said he was penalised for blowing the whistle on an alleged misuse of public funds at a State-backed music school intends to appeal a tribunal ruling that complaints he raised did not amount to a protected disclosure. The Workplace Relations Commission (WRC) has rejected a claim under the Protected Disclosures Act 2014 by Hugh Rance, a long-serving music teacher at the Cork Education and Training Board School of Music. The tribunal has dismissed Mr Rance's case with a ruling that his claims alleging 'waste and misuse of public funds' by the management of the school in late 2023, due to the level of vacant teaching hours, did not amount to a protected act. Mr Rance, who appeared before the WRC last year as a lay litigant, said he was taking legal advice and intended to appeal the ruling to the Labour Court. READ MORE At a hearing last August at the WRC's offices on Eglinton Street in Cork, Mr Rance said he and some of his colleagues had been paid for an 'enormous number' of teaching hours with student vacancies over the preceding five years. He said the problem had been building up since 2011, when responsibility for recruiting new students passed from the music teachers themselves to staff at Cork Education and Training Board (CETB) School of Music's main office. He told the Commission he calculated that his own teaching hours were 63 per cent vacant, costing the State in the region of €50,000 a year – calling it a 'waste and misuse of public funds' and 'gross mismanagement'. Mr Rance said that having discussed the matter with his colleagues, he discovered that 18 music teachers at the school had 'excess vacant hours for a number of years' – their rates of unutilised teaching hours ranging from 35 per cent to 70 per cent in one case. In a September 2023 email, Mr Rance wrote to a manager referring to 'serious implications of fiscal irresponsibility' and an 'ineffective recruitment strategy'. He said this had resulted in a situation where 'a teacher ends up, as is now the case, with 11 students instead of between 30 and 40 students'. 'This has resulted in only having enough students to teach for nine hours a week, instead of the contracted 22 hours for which they are paid,' Mr Rance's email said. He said 'all the flute teachers' had student vacancies in October 2024 and he was aware that 18 music teachers had 'excess vacant hours for a number of years'. The email 'bounced back' as that manager 'no longer worked' at the organisation, the tribunal heard. Mr Rance then emailed Denis Leamy, the chief executive of the Cork ETB, on October 2nd, with a copy of the September 30th letter. The complainant asked the chief executive to 'personally review the email and letter and let me know what your intentions are in resolving the issues referred to'. He denied a suggestion that he bears a 'personal vendetta' against the school principal, Carol Daly – and insists he just wanted to see the school 'back on track'. The chief executive, Mr Leamy, said of the October 2nd email: 'It was not new news. We knew about vacancies.' He said Mr Rance had caused 'a good deal of upset to staff' with 'a continuum of threats ... on Freedom of Information, Protected Disclosure and data access deadlines', which had taken 'thousands of hours' for administrators to address. He said CETB had determined that the October 2nd, 2023 email from Mr Rance was 'not found to constitute a protected disclosure', and denied any penalisation. Giving evidence, Ms Daly said she knew nothing of Mr Rance's original email until June 2024, after his WRC complaint was filed, and 'denied gross mismanagement', the WRC said. Flute lessons were 'not popular' following the Covid-19 pandemic, she said, referring to the sharing of instruments. Ms Daly said she was 'flabbergasted' by his allegations, denied the School of Music was 'stagnant' and said it was 're-energising through promotional videos and external public relations'. Enda McWeeney, CETB's finance director, carried out a review of Mr Rance's correspondence, but ultimately said that the material put in front of him was 'a bare allegation, and not a protected disclosure'. He said there had been five teachers 'underutilised' at the School of Music, according to attendance records, but that he did not think a financial audit was necessary. In her decision, adjudication officer Patsy Doyle wrote: 'What occurred in this case amounted to a matter of interpersonal grievance exclusively affecting the complainant and his line manager. 'The complainant had a different opinion in how the school was progressing and somehow could not find a platform to express these views through individual or collect[ive] grievances. 'I find I cannot elevate these grievances to what the law requires in a protected disclosure,' Ms Doyle said, dismissing the penalisation complaint. Cork Education and Training Board was represented by Shane Crossan of O'Flynn Exhams Solicitors before the WRC.
The Citizen
23-05-2025
- Business
- The Citizen
Progress made in metro's efforts to clean house
The Tshwane metro has intensified its efforts to rebuild institutional integrity and restore financial discipline through strong consequence management and a transparent approach to resolving wage disputes. Tshwane Mayor Dr Nasiphi Moya recently conveyed that the Labour Court ruled in favour of the metro's exemption from implementing a 5.4% increase. It sent the matter of a 3.5% increase for the 2021/22 financial year back to the South African Local Government Bargaining Council (SALGBC) for reconsideration. Moya provided a six-month progress report on the work of the multiparty coalition government at Tshwane House on May 22. The metro held a meeting with Samwu and Imatu, the two recognised municipal unions, in response to the ruling. Although the unions expressed disappointment over the ruling on the 5.4% increase and reserved the right to appeal, all parties agreed to pursue mediation through the CCMA under Section 150 of the Labour Relations Act. 'This mediation process offers the best chance to reach a fair and sustainable outcome for our employees while maintaining the metro's financial stability,' said Moya. She commended both unions for engaging in open and transparent dialogue in the interest of Tshwane's workforce and uninterrupted service delivery. Moya also highlighted the metro's accelerated progress in addressing unauthorised, irregular, fruitless, and wasteful (UIFW) expenditure, an issue that has plagued the municipality's governance for years. The metro has completed investigations into R11.7-billion UIFW expenditure, with another R1-billion expected to be finalised before the end of the 2024/25 financial year. LISTEN: She said this marks a dramatic increase from the R1.2-billion investigated in the previous financial year. The metro has also recorded notable progress in disciplinary and legal actions: – 349 officials have been flagged for disciplinary proceedings (up from 126 in February 2025) – 44 cases have been referred for criminal prosecution. – More than 900 cases are now before the Financial Disciplinary Board, an enormous jump from just 70 cases earlier this year. – 85 officials have been dismissed, involving serious offences including sexual harassment, fraud, corruption, bribery, and dereliction of duty. Moya said five officials have been served letters of intention to suspend over mismanagement of the Refilwe and Cullinan stadiums, and a former Section 79 Chairperson has been referred to the Speaker for violating procurement policies. 'The metro is also moving to blacklist eight non-performing contractors, although delivery of formal notices has been challenging due to vacated premises.' Legal advice has prompted the metro to pursue blacklisting in absentia, which signalled a no-tolerance to underperformance and fraud. Moya said R36-million has been allocated in the new budget to Group Audit and Risk for forensic investigations to reinforce the metro's anti-corruption drive. 'These actions show that we are not merely making promises, but acting decisively to clean up governance, build public trust, and restore pride in the administration of our Capital City,' she said. ALSO READ: Toddler finally laid to rest after 8 months in government mortuary Do you have more information about the story? Please send us an email to bennittb@ or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
21-05-2025
- Business
- IOL News
Labour Court rules in favour of pregnant employee in discrimination case against paint company
The Labour Court has determined that a paint company, which placed a pregnant worker on early pregnancy leave as she could no longer work among the paint chemicals, and it had no other work for her, discriminated against her. Image: File A paint company, which was found to have discriminated against a pregnant employee who worked for it by placing her on unpaid maternity leave months before she was due to go on leave, was ordered to pay her 11 months' back pay. Daisy Moleme turned to the Durban Labour Court, where she sued her now former employer under the Employment Equity Act and the non-compliance with the Basic Conditions of Employment Act. Moleme was employed by Induradec Coatings as a chemist, and her duties included aspects of both research relating to, as well as the development of products for the employer, a chemical coating company. Having fallen pregnant some 12 weeks earlier, Moleme notified her employer of her pregnancy in March 2023. She was concerned about continuing to work in the laboratory, which would expose her to certain chemicals. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading She requested to be moved out of that environment, and she was moved to another office, but for two months, she was assigned no duties. This was after her manager had agreed that she would be provided with a computer to enable her to carry out such limited functions as she was able to while she was away from the laboratory. The company, meanwhile, tried to obtain professional guidance as to how to handle Moleme's situation, as the paint company uses a variety of raw materials in the chemical makeup of its products, and it feared that this could affect the unborn baby. All safety data sheets were available, but the literature does not specify pregnant persons; it said. In May 2023, the company told Moleme that she was placed on early maternity leave without pay, as it was unable to use her. She was also told by her manager that the company was 'not getting value for money' at that stage, as she had fallen pregnant. The court acknowledged that the company did obtain expert opinions on how to handle Moleme's situation. It was advised to accommodate her elsewhere in the company, but it did not do so. It also accepted that by placing her on unpaid maternity leave, the decision was not made with deliberate intent to discriminate against her on account of her pregnancy. But, the court said, the failure to utilise her services outside of the laboratory evinced complete indifference not only to its legal obligations but also to the negative consequences which would inevitably and foreseeably befall the applicant by being deprived of the ability to earn her salary. 'It can further not be doubted that whilst on maternity leave, whether paid or not, pregnant employees by virtue of their absence from the workplace in certain instances invariably lose out on advantages of being at the workplace, such as bonuses, promotions, and career development in the form of training and development offered to other employees,' the court stated. It concluded that pregnant women continue to worry about the prospects of their continued employment once they disclose their pregnancy or even after childbirth. In the case of the applicant, the invariable consequences of pregnancy were exacerbated by how the company treated her, the court stated.
IOL News
12-05-2025
- Business
- IOL News
Labour Court ruling sparks controversy over wage increases for Tshwane municipal workers
South African Municipal Workers Union members who previously embarked on march to demand that the City of Tshwane honour the historical wage agreement, which includes wage increases of 3,5% and 5,4% from 2021 and 2023, respectively. Image: Oupa Mokoena/ Independent Media Municipal workers' labour unions have expressed disappointment over a May 9 Labour Court ruling that exempted the City of Tshwane from implementing a 5,4% wage increase for the 2023/2024 financial year. The court also ruled that the City's exemption application regarding the 3,5% wage increase for the 2021/2022 financial year should be reconsidered by a different exemption panellist, to be appointed by the South African Local Government Bargaining Council (SALGBC). The City approached the court two years ago after its application for exemption from a wage agreement with the unions was rejected by the bargaining council. The City argued in one of its applications that implementing the wage agreement, without an exemption, would require it to spend R489 million on increases, violating the Municipal Finance Management Act. Reacting to the ruling, the South African Municipal Workers' Union (Samwu), General Secretary, Dumisane Magagula, said: 'This judgment represents a deeply troubling intervention by the courts in the collective bargaining process, with far-reaching consequences for workers' rights.' The union claims the ruling is not a neutral legal decision, but rather a judicial endorsement of austerity, contributing to a concerning trend of courts interfering with collective bargaining, undermining worker protections, and weakening unions' ability to represent members effectively. Samwu also said the Labour Court's decision to override SALGBC's authority is 'a direct attack on the autonomy of collective bargaining". "By substituting the SALGBC's 2023 ruling with its own determination, the court has overstepped its role, improperly venturing into the evaluation of complex financial evidence and affordability criteria, a terrain rightfully reserved for bargaining councils with their specific expertise in labour relations within the sector,' the union said. On the other hand, the Independent Municipal and Allied Trade Union (Imatu), said it is preparing an action plan, which includes consulting with its legal team to explore all available options such as potential appeals. 'While the outcome is certainly not what we anticipated, our resolve remains firm. We are currently analysing the full implications of the judgment to determine the most strategic course of action to protect our members' rights and interests,' the union said. The union further said the ruling directly impacts workers' livelihoods, citing that the cost of living increases in 2021 and 2023 already put significant financial strain on Tshwane's municipal workers. Imatu is demanding transparency and accountability, arguing that the City cannot claim financial stability to the public while citing financial distress to justify not paying its workforce. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ 'In April 2025, during her State of the Capital Address, Tshwane Executive Mayor Dr. Nasiphi Moya announced that the City's cash reserves are projected to reach R2,86 billion in the 2025/26 financial year. This projection was presented as a significant milestone towards financial stability,' the union said. Tshwane's Samwu regional secretary, Donald Monakhisi, recently said with the City's reported R2,86 billion in cash reserves, there is no justification for delaying the implementation of outstanding salary increases. Former Mayor Cilliers Brink, under whose administration the City applied for the exemption from the wage increase, said the council's decision was difficult but necessary for the city's financial rescue mission, which is ongoing, and to improve service delivery and value for residents. Grandi Theunissen, a Freedom Front Plus councillor, said: 'The ruling affirms the Freedom Front Plus's responsible and principled actions in the previous administration. The party also defended the case to the end along with some of its coalition partners.'
