Latest news with #MediationandArbitration
The Citizen
6 days ago
- The Citizen
Hazyview Twin College teachers claim unfair dismissal by school's owner
Six educators at Twin College claim they were unfairly dismissed by the owner of the school on May 22. They also claim that the way they were allegedly dismissed was inappropriate, as it reportedly happened in front of the learners. 'The owner came to the school and asked if he could see all the books of the learners, as he wanted to check their performance. After that, he told us that we should leave the school premises; we are fired. If we did not leave, we would be trespassing on his school. We then left, but the worst part is that we left the kids unattended. The kids are still in Grade One and they cannot be left unattended,' they said. ALSO READ: Fake, expired and unsafe food products confiscated in Hazyview The distressed teachers also claimed they were not given any warning. According to the Labour Act, they were supposed to receive a verbal warning and three warning letters before they could be dismissed. 'All those protocols were not followed and our rights were violated. That is why we took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) on Friday. The owner then called some of the educators to return to work. Some of us refused to go back because the way he fired us was unlawful and we want the CCMA to deal with him. How will the learners respect us after what they saw him do to us?' they said. The owner of the school, Lwazi Mhaule, dismissed the allegations. He said he instructed the teachers to go home and do introspection if they still want to be part of the school. ALSO READ: Deputy minister of basic education engages in dialogue with faith leaders 'I did ask the pupils to bring their books to check their progress, only to find that the learners have had only two classwork assignments since January. That was a clear indication that the teachers are being paid full salary while they are not doing their jobs. It's also a lie that this occurred in front of the learners, because I was talking to the teachers in the staff room. On Friday I told the principal to call the teachers to report for duty, but none of them returned,' he said. Mhaule also dismissed the claim that the learners had been left unattended. He said after the six teachers left the school, he called other teachers from his sister school to come and assist. 'Teaching and learning were not disrupted. We had teachers who were assisting in teaching. I can also confirm that the door is still open for the teachers to come back, provided they are willing to teach,' he said. Mhaule said he is aware that he had been reported to CCMA. He said will cross that bridge when he gets to it. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
19-05-2025
- Politics
- IOL News
'Who Ate the Cheese?' The CCMA's collapse and the betrayal of South African workers
To blame the Commission for Conciliation, Mediation and Arbitration's collapse on institutional incompetence would be a lie, says the writer. When Thandi, a domestic worker in Johannesburg, was unfairly dismissed without severance pay, she turned to the Commission for Conciliation, Mediation, and Arbitration (CCMA), a body designed to protect workers like her. Today, Thandi waits endlessly for justice. The CCMA, once a beacon of post-apartheid labour reform, is collapsing under maladministration, corruption, and the deafening silence of those meant to safeguard it. A Legislative Promise Betrayed Established under Section 112 of the Labour Relations Act (LRA) and enshrined in Section 23 of the Constitution, the CCMA was created to 'advance economic development, social justice, labour peace, and the democratisation of the workplace.' As a Schedule 3a entity under the Public Finance Management Act (PFMA), it is mandated to operate independently, free from political, union, or corporate influence. Its functions, from conciliating disputes to training on labour law, were designed to empower workers. Yet today, the CCMA's doors are closing. Service centres in Black communities—critical for workers without digital access — have shuttered. Walk-in advice desks, once lifelines for the vulnerable, are gone. The nightmare began in late 2020, when budget cuts axed part-time commissioners, stranding thousands of cases. What was framed as a 'temporary measure' has become a permanent injustice. A Competent Leader, Shackled by Neglect To blame the CCMA's collapse on institutional incompetence would be a lie. The current Director, Advocate Cameron Morajane, is a seasoned labour law expert with a track record of integrity. Colleagues praise his commitment to fairness and the innovative traits evident in his push for digitising case management and expanding rural outreach. Yet even the most capable leader cannot perform miracles without resources. The Director's hands are tied. With a stagnant budget and a 40% reduction in part-time commissioners since 2020, his team is forced to triage cases. 'We're firefighting, not fireproofing,' a staffer admitted anonymously. The Director's proposals for sustainable funding models, including public-private partnerships, gather dust in Treasury offices. Competence means little when the system is designed to fail. Who Benefits from the CCMA's Decline? The answer lies in who 'ate the cheese.' While workers suffer, employers flout labour laws with impunity. Unfair dismissals, retrenchments, and workplace exploitation surge as the CCMA buckles. Yet the state, led by former trade unionists, turns a blind eye. These leaders rode to power on the backs of workers like Thandi, but now preside over the erosion of their rights. Equally culpable are South Africa's labour federations, who sit on the CCMA's board through Nedlac, earning lucrative fees while workers starve. Their silence is deafening. Where is the outrage over closed service centres? Where is the demand for accountability? Their inaction suggests complicity in a system where justice is rationed for the privileged.
The Citizen
02-05-2025
- Business
- The Citizen
Workers' deal just gets tougher
What never changes, though, is that the rich will get richer and the workers will work harder for less. In reality, workers around South Africa would have done little celebrating yesterday, Workers' Day. Even the ones enticed or pressured to attend rallies addressed by ANC ministers pretending to have the 'common touch' would have found little to get down and party about. Times are tough for most workers in this country, pressed by rising prices and incomes which are not keeping up with inflation and looking over their shoulders about possible retrenchments as companies struggle to keep their heads above water. ALSO READ: Celebrating Workers' Day with no work? Unemployment forum boycotts the day Some business owners might point to the raft of worker-friendly laws passed since 1994 as the reason companies are battling… and because of this, they are hiring fewer people. Though they won't say it publicly, they hire foreigners because it is perceived they will work for less and won't go to organisations like the Commission for Conciliation, Mediation and Arbitration for fear of exposing their immigration status. Yet, on a moral balance, the laws the ANC has pioneered have brought much greater protection to a class of people who were hitherto powerless and at the whims of employers. Workers in South Africa are better off than in many other countries because of this. ALSO READ: Govt increases minimum wage – here's how much domestic workers should earn from 1 March However, there is no doubt that, complaints by big business notwithstanding, unions in our country have been far less disruptive than in the past. Is it because their leaders have sold out for a comfy life? Let's not forget that our billionaire president, Cyril Ramaphosa, was once a firebrand mineworkers' leader. As veteran labour expert Terry Bell notes today, the muted marking of Labour Day reflects that workers and organised labour are uncertain about the future because of developments like artificial intelligence, which will change the nature of work forever. What never changes, though, is that the rich will get richer and the workers will work harder for less. READ NEXT: Numsa demands wage increase, night shift allowance for motor industry workers
IOL News
29-04-2025
- Business
- IOL News
Rachel Kolisi files complaint against Kolisi Foundation for constructive dismissal
Rachel Kolisi is the former CEO of the Kolisi Foundation. Picture: Instagram. Rachel Kolisi, co-founder and former CEO of the Kolisi Foundation, has initiated legal proceedings against the organisation by filing a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA) on March 25, 2025. According to reports by the Daily Maverick, the complaint alleges "constructive dismissal," asserting that the foundation's board created an intolerable work environment that forced her to resign. The concept of constructive dismissal in South African labour law refers to situations where an employee resigns due to the employer's conduct, making continued employment unbearable. In her filing, Kolisi contends that unfair treatment by the foundation's board left her with no choice but to step down. She is seeking either reinstatement to her former position or compensation for the distress caused by these circumstances.
Mail & Guardian
24-04-2025
- Business
- Mail & Guardian
Employers get more responsibilities amid equity amendments
Employers must prepare and implement their Employment Equity Plans and set numerical goals aligned with five-year sectoral targets by 31 August 2025. The department of employment and labour has intensified its efforts to ensure that workplace transformation and employment equity remain at the forefront in South Africa's labour landscape. In light of recent amendments to the Employment Equity Act (EEA) and the sectoral numerical targets which became effective on 15 April, employers are required to implement more robust measures to remain compliant with the new legislative framework. The department has identified 18 national economic sectors and set specific numerical Employment equity planning and reporting Designated employers are obligated to prepare and implement their Employment Equity Plans (EEPs) and set numerical goals aligned with five-year sectoral targets by 31 August 2025. The revised reporting cycle for sector targets will then run from 1 September 2025 to 31 August 2030. Employers who become designated employers after 1 April 2025 must prepare an EEP for the remainder of the period until 31 August 2030. A designated employer must refer to the relevant codes of good practice issued in terms of section 54 of the Act when preparing an EEP. New EEPs must be informed by both qualitative and quantitative analyses, with affirmative action measures designed to achieve the numerical goals and sectoral targets. Recruitment, promotions and workforce planning should be aligned accordingly. Justification of non-compliance The 2025 regulations outline the reasonable grounds an employer can rely on to justify non-compliance with sectoral numerical targets. But the burden of proof rests with the employer. Should non-compliance be challenged, the employer must be able to substantiate its position with clear, documented evidence. The following are recognised as justifiable reasonable grounds for non-compliance: Insufficient recruitment opportunities; Insufficient promotion opportunities; Insufficient target individuals from designated groups with the relevant formal qualifications, prior learning, relevant experience or capacity to acquire, within a reasonable time, the ability to do the job; Effect of a Commission for Conciliation, Mediation and Arbitration (CCMA) award or court order; Effect of a transfer of business; Effect of a mergers or acquisitions; and Effect of economic circumstances affecting the business. It is unlikely that grounds for non-compliance will be accepted at face value. Companies should expect an interrogation on whether the grounds are reasonable to justify non-compliance. Unjustified non-compliance might result in disqualification from state contracts, financial penalties and potential reputational harm. Employers are therefore encouraged to maintain comprehensive records and strengthen administrative processes to support any defence of non-compliance. Compliance certificate: State contracts Amendments to section 53 of the EEA introduce enhanced compliance obligations for employers doing business with the state. Designated employers must obtain a certificate of compliance from the minister of employment and labour to qualify for state contracts. The minister can issue such a certificate only if satisfied that the employer has: Complied with applicable sectoral targets; Provided a reasonable justification for any target not met; Submitted the required report in terms of section 21; Not had a finding against it by the CCMA or a court in the past 12 months that the employer breached the prohibition on for unfair discrimination under Chapter 2; and Not had a CCMA award issued against it in the past 12 months for failing to pay the minimum wage under the National Minimum Wage Act of 2018. Administrative oversight and record-keeping Given the stricter compliance framework, employers must enhance their administrative processes and maintain detailed records of all documentation, analyses and implementation efforts. This is especially critical where an employer might rely on justifiable grounds for non-compliance. Upskilling forums and line management Effective employment equity implementation relies on well-informed and empowered decision-makers. Employers must prioritise the training and upskilling of line managers and employment equity forum representatives, particularly those involved in recruitment and promotion processes. It is equally important to establish and support representative forums with adequately trained members. These forums play a key role in championing diversity, inclusion and meaningful transformation within the workplace. Expanded definition of disability The definition of 'people with disabilities' has been expanded to include people with long-term or recurring physical, mental, intellectual or sensory impairments that might substantially limit their prospects of entry or advancement in the workplace. In line with this, the proposed employment equity target for persons with disabilities has been increased to 3%. Employers might need to update their EEA1 declaration forms and internal processes to ensure accurate self-identification and representation in their EEPs. Next steps for employers Given the scope and implications of the recent amendments, employers are advised to: Begin reviewing and updating their EEPs; Enhance record-keeping and administrative oversight to prepare for audits and compliance reviews; Proactively upskill line managers and forum representatives; Align workforce planning strategies with sectoral targets; and Ensure systems are in place to meet the compliance certificate requirements. The amendments send a clear message — employment equity is not a tick-box exercise but a fundamental element of doing business in South Africa. Employers must act now to future-proof their compliance and support meaningful workplace transformation. Dhevarsha Ramjettan is a partner, Kanyiso Kezile a trainee attorney and Mufaro Sambaza a candidate attorney at Webber Wentzel.
