Latest news with #SALGBC
IOL News
23-05-2025
- Politics
- IOL News
South Africa's municipal workers gain surrogacy leave rights
The SA Local Government Bargaining Council has amended its leave collective agreement, to pave the way for three months' paid surrogacy leave following an out-of-court settlement. Image: File Municipal workers in surrogacy arrangements are now entitled to three months' paid leave, like biological and adoptive mothers, following an agreement reached at the SA Local Government Bargaining Council (SALGBC). Parties to the SALGBC – the SA Local Government Association, SA Municipal Workers' Union, and the Independent Municipal and Allied Trade Union (Imatu) – concluded the agreement providing for parents in surrogacy arrangements. In terms of the agreement, parents in surrogacy arrangements will be entitled to the same leave as biological and adoptive parents. According to the bargaining council, the agreement will be applicable retrospectively from October 2023, when the Gauteng High Court, Johannesburg, Deputy Judge President Roland Sutherland declared invalid some provisions of the Basic Conditions of Employment Act and corresponding provisions of the Unemployment Insurance Fund Act. 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 ✕ The judge found parts of both acts invalid because of inconsistency with the Constitution to the extent that the provisions unfairly discriminated between mothers and fathers, and between one set of parents and another based on whether their children were born of the mother, were conceived by surrogacy, or were adopted. Judge Sutherland also ruled that any employee who is a commissioning parent in a surrogate motherhood agreement is entitled to leave. Earlier this month, the SALGBC advised municipalities to take all necessary steps to give effect to the amendment and display the circular sent by the bargaining council general secretary, Bill Govender. The agreement on maternity, adoption, and surrogacy leave states that employees adopting a child under three months as well as those who are commissioning parents in surrogacy motherhood arrangements are entitled to three months paid maternity, adoption, or surrogacy leave with no limit to the number of confinements, adoptions, or surrogacy confinements. 'This leave provision shall also apply to an employee whose child is stillborn. Maternity, adoption, or surrogacy leave may commence four weeks before confinement,' reads the agreement. Imatu, which represents over 110,000 employees in the local government sector, described the fully paid surrogacy leave as a groundbreaking victory for women's rights. The union said this breakthrough recognised the evolving nature of parenthood and affirms the principle of equality in the workplace, regardless of the path to motherhood. Imatu initiated two separate urgent Labour Court applications involving its members who were commissioning mothers in surrogacy arrangements.
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
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.'
The Citizen
12-05-2025
- Business
- The Citizen
Metro wins in Labour Court over wage increase dispute
The metro has secured a legal victory in the Labour Court, effectively nullifying the enforcement of a 5.4% salary increase for municipal workers as stipulated in a collective agreement. Judge AJ Snyman delivered the judgment on May 10, siding with the municipality's assertion of financial incapacity to fulfil the wage hike obligations. The legal battle goes back to a 2021 dispute when the South African Local Government Bargaining Council (SALGBC) mandated a salary increment for that year. The metro, citing budgetary constraints, failed to implement the increase, leading to a compliance order and subsequent protests in 2023. These demonstrations, marked by disruptions in waste collection and municipal bus services, spanned three months and resulted in damage and vandalism to city infrastructure. In his ruling, the judge acknowledged the city's financial hardships, emphasising that the municipality's request for exemption from the collective agreement was justified, given its economic challenges. The court's decision effectively rejects the unions' demands for the wage increase, highlighting the importance of fiscal responsibility in municipal governance. DA Tshwane caucus leader, Cilliers Brink, welcomed the court's decision, saying that it allows the city to use funds towards stabilising finances and enhancing service delivery. 'The council's decision to apply for exemption was very difficult and was not made to spite or punish employees. The exemption application was essential to the financial rescue mission in Tshwane,' Brink remarked. He further noted that the R600-million saved has facilitated a debt settlement agreement with Eskom and will enable future investments in essential services. Grandi Theunissen, leader of the Freedom Front Plus in Tshwane, also expressed approval of the Labour Court's ruling. He criticised the SALGBC for unfairly dismissing the city's exemption applications and highlighted the VF Plus' commitment to responsible financial management during its tenure in the previous coalition government. 'The Labour Court also found that the SALGBC did not give the metro a fair opportunity to present its case and that the financial information was misinterpreted,' Theunissen said. However, the South African Municipal Workers' Union (SAMWU) has expressed strong opposition to the Labour Court judgment. The union contends that the decision undermines collective bargaining, a fundamental right of workers. They argue that the court overstepped its authority by substituting the SALGBC6s decision with its own, thereby setting a dangerous precedent. The union also asserts that this move threatens the autonomy of bargaining councils and could embolden other municipalities to avoid honouring wage agreements by citing unverified financial distress. Nkhetheni Muthavhi, deputy general secretary of SAMWU, criticised the court for disregarding critical evidence presented during arbitration, including an independent financial expert's report confirming the metro's ability to afford the agreed-upon wage increases. 'The union would like to emphasise that the adverse impact of this judgment will have on workers, especially amid rising living costs,' said Muthavhi. He argued that the court decision prioritises the metro's fiscal arguments over the constitutional rights and well-being of the workers. In response, the union is at present exploring legal avenues, including appeals to the Labour Appeal Court or the Constitutional Court, to challenge what they perceive as judicial overreach and misapplication of affordability criteria. The union also condemned the metro management of the time for creating the financial crisis through mismanagement and pursuing a political agenda that attacks workers' rights. He also commented on the present coalition government. 'It is important to emphasise that the new administration inherited and regrettably, continued the DA's witch hunt against workers, prioritising the DA's inherent animosity towards workers and neglecting the needs and livelihoods of those who serve this city,' said Muthavhi. 'We will not allow workers to bear the brunt of mismanagement and judicial bias. This judgment represents a setback, but we remain resolute in our commitment to defending workers' rights.' The union said that it plans to brief shop stewards and convene mass meetings with members to provide updates and determine the way forward. 'The union urges all members to remain united and vigilant as they continue to fight for their rights through all available legal and collective channels,' said Muthavhi. The metro was approached for comment, but none had been received at the time of publication. 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!
