Question to the Minister of Trade and Industry - NW2338

23 August 2018 - NW2338

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

(a) What number of labour disputes are currently being faced by (i) his department 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;

Source
Link

Reply:

Department:

QUESTION 1(a)(i)	QUESTION 1(b)	QUESTION 1(c)	QUESTION 1(d)(i)	QUESTION 1(d)(ii)
13	1. The Applicant claims that he applied for a promotional post and was not shortlisted	Unfair Labour Practice: S186(2)(a) - Promotion	4/05/2018	Pending
	2. The Applicant claims that he applied for a promotional post and was not shortlisted	Unfair Labour Practice: S186(2)(a) - Promotion	4/05/2018	Pending
	3. The Applicant was subjected to an informal disciplinary enquiry and he was not satisfied with the sanction that issued to him.	Alleged unfair suspension or other disciplinary action short of dismissal	5/07/2018	Pending
	4. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry.	Alleged unfair dismissal	04/11/2016	Pending
	5. The Applicant was subjected to an informal disciplinary enquiry and he was not satisfied with the sanction that issued to him.	Alleged unfair suspension or other disciplinary action short of dismissal	04/11/2016	Pending
	6. The Applicant’s post was job evaluated and she is not happy with the outcome thereof.	Unfair Labour Practice: S186(2)(a) - Promotion	29/10/2017	Pending
	7. The Applicant claims that she is entitled to a special performance bonus.	Unfair Labaour Practice : S186(2)(a) - Benefits	10/11/2017	Pending
	8. The Applicant claims that he applied for a promotional post and was not shortlisted	Unfair Labour Practice: S186(2)(a)-Promotion	16/05/2018	Pending
	9. The Applicant claims that her fixed term contract was not renewed and she deems it as an unfair dismissal.	Unfair dismissal / Non-renewal of a fixed term contract	14/6/2018	Pending
	10. The Applicant claims that her fixed term contract was not renewed and she deems it as an unfair dismissal.	Unfair dismissal / Non-renewal of a fixed term contract	14/6/2018	Pending
	11. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry. The matter is currently at the Labour Court	Alleged Unfair Dismissal	18/11/2015	Pending
	12. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry. The matter is currently at the Labour Court	Alleged Unfair Dismissal	18/11/2015	Pending
	13. The Applicant Absconded herself from the Public Services, in terms of Section 17(3)(a)(i). The matter is currently at the Labour Court	Section 17(3)(a)(i) dismissal	05/06/2017	Pending

Entity	(1)(a)(ii)	(1)(a)(ii) (b)	(1)(a)(ii)(c)	(1)(a)(ii)(d)(i)	(1)(a)(ii)d(ii)
Companies and Intellectual Property Commission (CIPC)	The CIPC currently has 8 labour disputes	Alleged unhappiness from employees	Unfair conduct relating to promotion (OSD)	19/11/2014	Pending
			Unfair conduct relating to promotion	29/08/2017	01/02/2018
			Unfair conduct relating to benefits	04/12/2017	Pending
			Unfair Labour Practice relating to acting allowance	06/03/2018	Pending
			Non-appointment to post	23/01/2018	Pending
			Unfair labour practice relating to disciplinary action short of dismissal	14/06/2018	Pending
			Interpretation / Application of Collective Agreement	28/06/2018	06/08/2018
			Unilateral change to terms & conditions of employment	08/03/2018	Pending
Companies Tribunal (CT)	The CT does not have any labour disputes currently	Not applicable	Not applicable	Not applicable	Not applicable
Export Credit Insurance Corporation (ECIC)	The ECIC does not have any labour disputes currently	Not applicable	Not applicable	Not applicable	Not applicable
National Consumer Commission (NCC)	The NCC currently has 1 labour dispute	Intimidation	Refusal by Executive Manager to allow an employee to speak to an ex-employee who came to collect his personal belongings from the office	23/02/2018	It was investigated and witnesses were non-cooperative during investigation. The matter is finally set down for conciliation/hearing on 30/08/2018 within the NCC structures
National Consumer Tribunal (NCT)	The NCT does not have any labour disputes currently	Not applicable	Not applicable	Not applicable	Not applicable
National Credit Regulator (NCR)	The NCR currently has 4 labour disputes	Employee was charged with insubordination and violation of NCR policies	Employee referred the matter to the High Court instead of CCMA alleged unfair dismissal	01/2018	Awaiting court date
		Employee was dismissed for assaulting fellow employee	Employee has referred the matter to the CCMA citing unfair dismissal	06/2017	No hearing date as yet
		Dereliction of duties Confidentiality breach. Employee was suspended pending investigation	Employee has referred the matter to the CCMA citing unfair suspension/ disciplinary action	08/2018	Hearing date is 30/08/2018
		Non-payment of performance bonus to employee who is no longer employed by NCR	The employee has referred the matter to CCMA alleging unfair conduct	07/2018	Hearing date is 21/08/2018
National Empowerment Fund (NEF)	The NEF currently has 1 labour dispute	Dismissal was the cause of the dispute	Employee claims unfair dismissal and the matter is at the CCMA	10 July 2018	Not yet resolved
National Gambling Board (NGB)	The NGB does not have any labour disputes currently	Not applicable	Not applicable	Not applicable	Not applicable
National Lotteries Commission (NLC)	The NLC has 3 labour disputes currently	Salary Benchmarking	Interpretation & Application of Collective Agreement. LRA –Sec 24(2), [24(5)]	18/10/2017	Matter part-heard on the 28 & 29 May 2018 and postponed to 23 & 24 July 2018.
		Failure to sign Employment Contract	Unfair Dismissal – LRA Sec 186(1)(a) - Termination of Contract with or without notice.	09/01/2018	Matter postponed affording parties an opportunity to settle the matter on their own. Arbitration set downs scheduled for 25 – 26/07/ 2018.
		Termination of Contract	Unfair Labour Practice LRA – Sec 186(1)(b)	28/09/2017	Matter heard on the 21st of June 2018 and both parties were ordered to submit written arguments on or before the 29th of June 2018
National Metrology Institute of South Africa (NMISA)	The NMISA currently has 1 labour dispute	NMISA Remuneration Policy states that in cases where an employee‘s current pay is above the maximum, there will not be a reduction in salary, but the salary will be managed over time to be within the applicable salary scale. One employee whose salary would have been above the maximum of his job level was not satisfied with a reduced cost-of-living adjustment percentage he received in 2017	The employee was still not satisfied after the internal processes were followed. The matter was subsequently referred to the CCMA alleging unfair labour practice.	18/04/2018	The matter is not yet resolved, NMISA is awaiting a date from the CCMA
National Regulator For Compulsory Specifications (NRCS)	The NRCS currently has 5 labour disputes	Gross misconduct, Insolence and Intimidation	Gross misconduct, Insolence and Intimidation	06/04/2018	02/07/2018
		Gross Misconduct	Gross Misconduct	03/07/2018	Awaiting arbitration date
		Gross Misconduct	Gross Misconduct	0/03/2018	Disciplinary in progress
		Gross Misconduct	Gross Misconduct	27/11/2017	02/07/2018
		Gross Misconduct	Gross Misconduct	01/10/2016	Matter referred to Labour Court
South African Bureau of Standards (SABS)	The SABS does not have any labour disputes currently	Not applicable	Not applicable	Not applicable	Not applicable
South African National Accreditation System (SANAS)	The SANAS currently has 2 labour disputes	2018 Salary Increase Bargaining	Existing Majority Agreement not valid due to 2 above. Whilst the Union is sufficiently represented, it does not enjoy the Majority status as of March 2018. The Labour Union was not in agreement with numbers relating to their membership and requested reconciliation to be sent to them which was done On receipt of the numbers they responded with a demand that we continue with the negotiations disregarding the issue of the Majority Status which we were not in agreement with	08/08/2018	Matter is still in progress
		Recouping of Monies Owed – No Work No Pay	Union Members went on strike for 7 days in 2017 and “no work no pay” principles were agreed on	04/06/2018	Matter is still in progress

(2) (a)(i) what number of employees have been dismissed by his department 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?NW2515E

Department:

QUESTION 2(a)(i)	QUESTION 2(a)(ii)	QUESTION 2(b)(i)	QUESTION 2(b)(ii)
The Department dismissed sixteen (16) officials during the past five (5) financial years	1. Theft of Departmental funds	nil	nil
	2. Non-compliance with the conflict of interest policy
	3. Failure to disclose Information
	4. Fraud
	5. Abscondment in terms of S17(3)(a)(i)
	6. Abscondment in terms of S17(3)(a)(i)
	7. Abscondment in terms of S17(3)(a)(i)
	8. Bribery and conflict of interest
	9. Bribery and conflict of interest
	10. Fraud and forgery
	11. Misrepresentation and dishonesty
	12. Abscondment in terms of S17(3)(a)(i)
	13. Abscondment in terms of S17(3)(a)(i)
	14. Fraud
	15. Abscondment in terms of S17(3)(a)(i)
	16. Abscondment in terms of S17(3)(a)(i)

"Except as explicitly state herein the Ministry: Department of Trade and Industry (the dti) does not express an opinion in respect of any factual representations. The opinion /memo provided is limited to the matters stated in it and may not be relied on upon by any person outside the dti or used for any other purpose neither in its intent or existence. It must not be disclosed to any other person without prior written approval other than by law. Nothing contained herein shall be construed as limiting the rights of the dti to defend or oppose any claim or action against the dti."

Source file

RNW2338-180823.docx

23 August 2018 - NW2338

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

Reply:

Source file

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