Question NW2329 to the Minister of Finance

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09 October 2018 - NW2329

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Finance

(1)(a) What number of labour disputes are currently being faced by (i) the National Treasury and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by the National Treasury in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

NATIONAL TREASURY

  1. (a)(i) Nine.

No.

(b)

Cause Of Each Dispute

(c)

Nature Of Dispute

(d)

Date Dispute

     
  1. Reported
  1. Resolved

1.

Unfair dismissal

Unfair Dismissal

27/07/17

Not resolved yet - at the Bargaining Council.

2.

Non-approval of bursary

Unfair Labour Practice

14/02/18

 

3.

Non-renewal of contract / permanent appointment

Unfair Dismissal

29/05/18

 

4.

Suspension without pay for 3 months and a Final Written Warning

Unfair Labour Practice

01/07/18

 

5.

Termination of employment contract

Unfair Dismissal

06/08/18

 

6.

Termination of employment contract

Unfair Dismissal

06/08/18

 
  1. (a)(i) Four.

Financial Year

2(a)(ii)

Reason for dismissal

b(i)

Number of employees paid severance packages

b(ii)

Monetary value of each severance packages

2014-2015

Sleeping on duty, security breach and theft.

Nil

Nil

2015/2016

No National Treasury employees dismissed during the year.

   

2016/2017

No National Treasury employees dismissed during the year.

   

2017/2018

No National Treasury employees dismissed during the year.

   

2018/2019

Late coming/time keeping, failure to attend meetings/dereliction of duty. Poor performance of work. Insubordination and disrespectful behavior. Non compliance with existing procedures/leave policy, and contemptuous, disorderly or unacceptable behavior.

   
 

Termination due to null and void of employment contract.

   
 

Termination due to null and void of employment contract.

   

ASB

  1. The Accounting Standards Board does not have any labour disputes currently.

CBDA

(1) The Agency does not have any current labour disputes.

DBSA

  1. Current Labour Disputes

No. of Labour disputes (a)

Cause of each Dispute (b)

Nature of each dispute (c)

Date reported (d)(i)

Date resolved (ii)

5

(CCMA/

LABOUR COURT)

Dismissal for Gross negligence (X1)

Unfair Dismissal – Labour Court

27 November 2017

Pending

 

Dismissal for Unacceptable conduct (X1)

Unfair Dismissal– Labour Court

30 December 2016

Pending

 

Dismissal for Gross negligence (X1)

Unfair Dismissal – Labour Court

25 October 2008

Pending

 

Dismissal for Gross negligence (X1)

Unfair Dismissal – Labour Court

03 August 2012

Pending

 

Dispute regarding retirement age (X1)

Automatically Unfair Dismissal – Labour Court

01 February 2011

Pending

3

(Internal)

Dishonesty and Gross Negligence

Misconduct

21 May 2018

June 2018

 

Failure to comply with company policies and procedures & dishonesty.

Misconduct

25 May 2018

Pending

 

Gross Misconduct

Misconduct

10 May 2018

Pending

FIC

(1) (ii) Financial Intelligence Centre

(a)

Number of labour disputes currently

(b)

Cause of dispute

(c)

Nature of each dispute

(d)

Date reported and resolved

1

Poor performance

Incapacity

  1. Reported: Referred to CCMA, 5 December 2017
  1. Resolved: 13 August 2018

1

Constructive dismissal

The employee has referred the matter for review and setting aside of the arbitration, which was awarded in favour of the Financial Intelligence Centre, on 18 December 2016

  1. Reported: Referred to Labour Court, 20 February 2017
  1. Resolved: Not resolved

FSCA

  1. (ii) Financial Sector Conduct Authority (FSCA): - 2 (two);

(b) Both are breaches of internal disciplinary procedures;

(c) The first dispute relates to misconduct and the second dispute (which is still in process) relates to dereliction of duty;

(d) (i) Case 1. Reported on 20 February 2018

Case 2. Reported on 06 June 2018

(ii) Case 1. Based on the charges brought before the employee, verified by an employer witness and representation made by the employee, the Chairperson found the employee guilty and recommended dismissal with immediate effect. The Chairperson’s recommendations were considered by Senior Management and a resolution was taken to dismiss the employee with a month’s notice pay. The employee has referred the matter to the CCMA for arbitration and a hearing has been set down for 4 September 2018.

Case 2. Case still in progress.

GEPF

  1. The GEPF is not facing any labour disputes at the moment.
  1. (a)(i) Two employees have been dismissed in the past five years

(a)(ii) One employee was dismissed for breach of the Supply Chain Management Policy. One employee was dismissed for gross insubordination, abuse of company property and putting the safety of other employees at risk.

(b) (i and ii) None of the employees received severance packages.

GPAA

  1. (a) The number of disputes is 4,

(b) The cause of each dispute were amongst others:

    • Unfair dismissal
    • Access to Information
    • Two different cases were reported with regards to employees appointed at different salary levels.

(c) The nature of each dispute entailed:

1. Alleged unfair labour dismissal for misconduct

2. The request for information

3. Unfair Labour practice with regards to salary disparities on two matters.

(d) Date reported and resolved

Date reported Date resolved

(1) 30/10/2012 - 30/07/2018

(2) 16/02/2018 - Pending Arbitrator’s ruling

(3) 02/03/2017 - Pending notice of set - down for Arbitration

(4) 12/02/2018 - Pending notice of set - down for a review at Labour Court

IRBA

The IRBA hereby declares that;

  1. There are currently no labour disputes within the entity.

LAND BANK

  1. (a) What number of labour disputes are currently being faced by (i) The Land and Agricultural Development Bank of South Africa (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved?

Current Disciplinary Matters

Nr of Labour dispute (a)

Cause of each dispute (b)

Nature of each dispute (c)

Date of dispute reported (d - i)

Date of dispute resolved (d – ii)

Comments

1

Alleged unauthorized approval by the employee provided to client on a loan agreement. Process for approval not followed.

Gross Negligence

June 2018

Unresolved, matter under investigation

 

2

Disciplinary enquiry regarding non-compliance to Procurement processes

Gross Negligence

Dec 2017

August 2018

Disciplinary process was in progress however employee resigned and resignation was accepted.

3

Breach of PFMA and non-compliance to Procurement

Gross Negligence

May 2018

July 2018

Disciplinary process was in progress however employee resigned and resignation was accepted.

4

Fruitless and wasteful expenditure due to children that turned 23 was not removed from the Bankmed dependency list.

Negligence

June 2018

July 2018

Final Written warning issued to employee

5

Misconduct on I.T relate matters

Suspension

     

Referred to CCMA and Labour Court

Nr of Labour dispute (a)

Cause of each dispute (b)

 

Set-down date

Comments

1

Prohibition of unfair Labour discrimination

CCMA

31 August 2018

Recruitment candidate referred matter to CCMA

2

Unfair Retrenchment

Labour Court

Awaiting Labour Court Date

Matter occurred in 2016

3

Dismissal: Disorderly Conduct and Unacceptable Behaviour

CCMA – Arbitration

27 August 2018

 

FAIS OMBUD

  1. (a) (i) The FAIS Ombud currently faces six (6) labour matters in various fora.
  1. (b) (ii) Four of them were initiated by the former employees challenging alleged unfair dismissal based on a combination of misconduct and poor performance. The fifth referred a constructive dismissal case. The last is an alleged breach of employment contract dispute before the Magistrates’ Court by a candidate whose appointment was revoked on the basis of an undisclosed pending fraud case, discovered through verification checks.

The four disputes were initiated in 2017, the last initiated in 2018. Only the fifth has been resolved by way of settlement of four months’ salary. The monetary value of the settlement figure was R117 859.72

PFA

(1)(a)(ii) The Office of the Pension Funds Adjudicator currently has two unresolved labour disputes whose details are as follows:

  1. Labour Court: Tando Mbono v OPFA and others JR2285/15

On 4 August 2015, Mr Mbono was dismissed by the OPFA for poor performance (having followed a poor performance process). Mr Mbono referred an unfair dismissal dispute to the CCMA, alleging his dismissal was procedurally and substantively unfair.

The CCMA found that Mr Mbono’s dismissal was fair and issued an arbitration award to this effect. Mr Mbono then applied to the Labour Court to have the arbitration award reviewed and set aside. Whilst the pleading stage in the matter is closed, the matter has not yet been set down for hearing.

The OPFA has very good prospects of being successful in the review application.

  1. Unfair dismissal – CCMA case no. GATW9446-18

A former Admin Assistant, Ms Nthabiseng Maleka, was dismissed in July 2018 due to excessive usage of the OPFA’s telephone for her private and/or personal use. Ms Maleka referred a dispute to the CCMA alleging her dismissal was unfair.

The dismissal was effected following several warnings of misconduct to Ms Maleka for similar misdemeanours, the last of which was a final written warning in September 2017.

In addition, in December 2017 a meeting was held with all staff and employees were specifically warned about excessive usage of the work telephone for private/personal reasons. The conduct from the employee did not stop and excessive usage was once more noticed for the months after the meeting in December 2017. At her disciplinary hearing held in April 2018, the employee pleaded guilty to the misconduct and the chairperson therefore recommended dismissal as the appropriate sanction.

Conciliation was held on 6 August 2018 but the matter could not be conciliated. The matter is now awaiting arbitration proceedings at the CCMA. No date has been provided for these arbitration proceedings.

The OPFA anticipates that it has very good prospects of being successful in defending the arbitration proceedings.

PIC

(1)

 

Nature of misconduct

Outcome

Recorded

Finalised

2015/16

 

 

1

Performance related

Mutual Separation

Feb – 15

Apr - 15

1

Performance related

Mutual Separation

Feb – 16

May-16

1

Absent without authorisation

Dismissal

Apr – 15

May – 15

1

Absent without authorisation

Final written warning

Jun-16

Jul-16

1

Breach of policy

Written warning

Sep-15

Oct-15

1

Dishonesty

Resignation

Jul-15

Aug-15

2016/17

 

 

         

1

Performance related

Mutual Separation

Sep-16

Mar-17

2017/18

 

 

1

Insubordination

Written warning

May-17

Jun-17

1

Breach of policy

Mutual Separation

Nov-17

Apr-18

1

Possession of unauthorised documents

Dismissal

Nov-17

May-18

1

Dereliction of duties

Dismissal

Mar-18

Apr-18

1

Insubordination

Final written warning

Mar-18

Mar-18

(2)

Reason

Number of cases

Monetary value (Rands)

Date

Negotiated Termination

 

 

 

1

1,270,466

Apr – 15

 

1

2,219,191

May – 16

 

1

143,937

Mar – 17

 

1

7,250,000

Apr – 18

Total

4

10,883,594

SARS

  1. (a)(b)(c)(d)(i)

The information provided in this report relate to all labour disputes that are currently being faced and referred to external labour tribunals. The link below provides the number of CCMA disputes SARS is currently facing. The table also refelcts the figures broken down per the nature and cause of the dispute, per financial year of referral:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2329SARS_CCMA_DISPUTE.pdf

The Table below provides the number of labour disputes SARS is currently facing at the Labour Court and/or Labour Appeal Court. The link also refelcts the figures broken down per the nature and cause of the dispute, per calendar year of referral:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2329SARS_Labour_DISPUTE.pdf

(d) on what date was each dispute ((ii) resolved;

The focus of this report is on answering the question of “dispute currently being faced” and therefore those that are open and still in progress at the relevant tribunal. Dates of resoution are therefore not yet availble until these matters are resolved.

(2) (a)(i)(ii)

The Table below provides the number of SARS employees having been dimissed over the past 5 financial years, against the reasons for the dismissals:

Terminations Reasons

2013/14

2014/15

2015/16

2016/17

2017/18

2018/19

YTD

Grand Total

Abscondment

2

1

1

1

2

 

7

Discharge Incapacity Ill Health

3

2

4

1

3

 

13

Discharge Incapacity Poor Work Performance

1

1

       

2

Dismissal Misconduct

51

40

25

29

52

15

212

Grand Total

57

44

30

31

57

15

234

(b)(i) what number of the specified employees were paid severance packages and

Terminations Reasons

2013/14

2014/15

2015/16

2016/17

2017/18

2018/19

YTD

Grand Total

Severance Package

       

2

 

2

Grand Total

       

2

 

2

(ii) what was the monetary value of each severance package?

Due to confidentiality provisions associated with employees’ personal information, as protected by the Protection of Personal Information (POPI) Act, SARS is not in a posiiton to disclose more detailed information regarding this.

SASRIA

  1. (a) What number of labour disputes are currently being faced by Sasria?

Sasria is currently not facing any labour disputes.

TAX OMBUD

  1. The Office of the Tax Ombud does not have any labour dispute with its employees.

Source file