Question NW2313 to the Minister of Justice and Correctional Services

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03 September 2018 - NW2313

Profile picture: Mulaudzi, Mr TE

Mulaudzi, Mr TE to ask the Minister of Justice and Correctional Services

(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; (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?

Reply:

1. (a) As at July 2018, the Department of Justice and Constitutional Development (DoJ&CD) is dealing with 345 disputes that are currently at different stages, i.e. 276 Conciliation and Arbitration and 69 Labour Court Disputes. Table 1 provides details of Conciliation and Arbitration Disputes, and Table 2 provides details of Labour Court Disputes.

TABLE 1: Conciliation and Arbitration Disputes

  1. Causes of Disputes
  1. Nature of Disputes
  1. (i) Date Reported
  1. (ii) Date Finalised
  1. Fraud

Unfair Dismissal

2015/05/05

Not Applicable

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/02/24

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/02/20

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/10

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/30

2018/04/23

  1. Employment Benefits

Unfair Labour Practice

2017/12/05

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/12/06

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/12/18

Not Finalised

  1. Discrimination - Employment Equity Act

Unfair Labour Practice

2018/01/19

2018/05/30

  1. Performance Management System

Unfair Labour Practice

2018/01/25

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Fraud

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/06/01

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/10

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/09

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/03

Not Finalised

  1. Theft

Unfair Dismissal

2016/03/07

Not Finalised

  1. Shortlisting

Interpretation & Application

2017/03/06

Not Finalised

  1. Sexual Harassment

Interpretation & Application

2017/10/20

Not Finalised

  1. Grade Progression

Interpretation & Application

2017/10/24

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/22

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/04/03

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/06

Not Finalised

  1. Unfair Treatment

Interpretation & Application

2018/04/13

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/13

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/06/15

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/18

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/21

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/06/22

2018/07/26

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Labour Practice

2016/04/29

Not Finalised

  1. Theft

Unfair Dismissal

2017/01/25

2018/07/01

  1. Terms Of Employment

Unfair Dismissal

2017/06/30

Not Finalised

  1. Leave – Unauthorised

Unfair Labour Practice

2017/10/03

Not Finalised

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Performance Management System

Unfair Labour Practice

2018/02/01

2018/04/04

  1. Promotion

Unfair Labour Practice

2018/04/30

Not Finalised

  1. Victimisation

Unfair Discrimination

2018/07/18

Not Finalised

  1. Fraud

Unfair Dismissal

2015/02/24

2017/04/12

  1. Performance Management System

Unfair Labour Practice

2017/03/09

2018/07/31

  1. Performance Management System

Unfair Labour Practice

2017/03/14

Not Applicable

  1. Fraud

Unfair Dismissal

2017/08/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/08/23

Not Applicable

  1. Corruption

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/04/12

Not Applicable

  1. Abscondment

Unfair Labour Practice

2018/06/28

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/10/27

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/11/03

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/11/17

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/04/26

2018/05/29

  1. Fraud

Unfair Dismissal

2016/10/07

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/03

Not Applicable

  1. Leave – Unauthorised

Unfair Labour Practice

2017/09/11

Not Applicable

  1. Leave – Unauthorised

Interpretation & Application

2017/12/06

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/02

2018/04/30

  1. Promotion

Unfair Labour Practice

2018/01/22

Not Applicable

  1. Theft

Unfair Dismissal

2018/02/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/04/03

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/05/04

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2017/11/20

Not Applicable

  1. Application For Transfer

Unfair Discrimination

2018/06/01

2018/06/13

  1. Collective Agreement - Implementation

Interpretation & Application

2018/06/04

2018/07/30

  1. Bribery

Unfair Dismissal

2018/06/18

Not Applicable

  1. Theft

Unfair Dismissal

2018/06/18

Not Applicable

  1. Pay Progression

Unfair Labour Practice

2018/07/02

Not Applicable

  1. Theft

Unfair Dismissal

2014/07/01

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2016/02/22

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2015/11/28

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2015/06/01

Not Applicable

  1. Theft

Unfair Dismissal

2016/01/11

Not Applicable

  1. Theft

Unfair Dismissal

2016/10/03

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2017/03/20

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/24

Not Applicable

  1. Fraud

Unfair Dismissal

2017/03/10

Not Applicable

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2017/04/10

2018/05/09

  1. Performance

Management System

Unfair Labour Practice

2017/09/20

2018/04/10

  1. Performance

Management System

Unfair Labour Practice

2017/10/16

2018/06/12

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2018/02/26

Not Applicable

  1. Theft

Unfair Dismissal

2018/01/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/01/22

2018/04/11

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2018/01/23

Not Applicable

  1. Theft

Unfair Dismissal

2017/12/22

2018/04/05

  1. Demotion

Unfair Labour Practice

2017/12/15

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/02/19

2018/05/25

  1. Dereliction Of Duties

Unfair Dismissal

2018/02/21

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/03/08

2018/05/25

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/21

Not Applicable

  1. Staff Rotation

Unfair Labour Practice

2018/03/27

2018/06/28

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/15

Not Applicable

  1. Leave – Unauthorised

Unfair Dismissal

2018/05/09

2018/06/18

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Constructive Dismissal

Unfair Dismissal

2018/06/16

2018/07/24

  1. Access To Information

Unfair Discrimination

2018/06/28

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/07/04

Not Applicable

  1. Dismissed For Being Imprisoned

Unfair Dismissal

2018/06/13

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/07/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2015/09/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2014/10/10

Not Applicable

  1. Unilateral Change of

Employment Terms

and Conditions

Unfair Labour Practice

2014/01/22

2018/05/16

  1. Salary Issues

Unfair Labour Practice

2014/02/20

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2013/09/21

2018/04/02

  1. Constructive Dismissal

Unfair Labour Practice

2014/02/18

2018/04/02

  1. Performance

Management System

Unfair Discrimination

2014/09/25

2018/04/02

  1. Salary Upgrade

Unfair Dismissal

2014/08/09

Not Applicable

  1. Promotion

Unfair Dismissal

2016/03/19

Not Applicable

  1. Fraud

Unfair Labour Practice

2014/06/20

2018/05/11

  1. Fraud

Unfair Labour Practice

2012/12/10

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2015/07/30

2018/04/02

  1. Whistle Blowing

Unfair Dismissal

2012/06/24

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2015/06/07

2018/04/02

  1. Salary Upgrade

Interpretation & Application

2014/07/16

Not Applicable

  1. Salary Issues

Unfair Labour Practice

2013/04/21

Not Applicable

  1. Fraud

Interpretation & Application

2015/10/29

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2016/07/15

2018/05/11

  1. Occupation Specific Dispensation Implementation

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Dismissal

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Fraud

Unfair Labour Practice

2016/08/29

2018/04/02

  1. Salary Issues

Unfair Labour Practice

2016/09/15

2018/04/02

  1. Promotion

Unfair Labour Practice

2016/09/08

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/11/08

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2016/11/16

2018/04/02

  1. Temporary Incapacity Leave

Unfair Labour Practice

2016/11/25

Not Applicable

  1. Collective Bargaining

Unfair Labour Practice

2017/01/05

2018/04/02

  1. Severance Package

Unfair Dismissal

2017/02/03

2018/05/02

  1. Performance

Management System

Unfair Labour Practice

2017/03/27

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/04/18

Not Applicable

  1. Degrading Of Post

Unfair Labour Practice

2017/04/21

2018/05/04

  1. Salary Issues

Unfair Labour Practice

2017/06/05

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Contract Employment

– Non Renewal

Unfair Labour Practice

2017/06/08

2018/06/14

  1. Unilateral Change Of

Employment Terms

and Conditions

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/07/25

2018/05/16

  1. Performance

Management System

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Contract Employment

– Termination

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/09/04

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2017/09/18

Not Applicable

  1. Contract Employment –

Termination

Unfair Labour Practice

2017/09/20

Not Applicable

  1. Unfair Suspension

Interpretation & Application

2017/10/03

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2017/10/06

2018/04/02

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Performance

Management System

Unfair Dismissal

2017/11/01

2018/07/24

  1. Salary Upgrade

Unfair Dismissal

2017/11/01

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/11/01

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/11/08

2018/05/22

  1. Performance

Management System

Interpretation & Application

2017/10/18

2018/05/11

  1. Degrading of Post

Interpretation & Application

2017/10/23

2018/07/11

  1. Degrading of Post

Interpretation & Application

2017/11/30

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2017/11/30

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/12/08

2018/05/11

  1. Fraud

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Training Opportunities

for Court Interpreters

Interpretation & Application

2017/12/15

2018/06/25

  1. Performance

Management System

Interpretation & Application

2017/12/15

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/04/03

2018/05/11

  1. Disciplinary Action –

Unfair

Unfair Discrimination

2018/04/03

2018/05/10

  1. Salary Issues

Unfair Labour Practice

2018/05/04

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/05/11

2018/05/11

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Occupation Specific

Dispensation

Implementation

Unfair Dismissal

2018/05/11

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2018/05/11

Not Applicable

  1. Training Opportunities

For Court Interpreters

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Performance

Management System

Interpretation & Application

2018/05/11

2018/07/18

  1. Temporary Incapacity

Leave

Unfair Dismissal

2018/05/11

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/11

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2018/05/15

Not Applicable

  1. Performance

Management System

Interpretation & Application

2018/05/18

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/29

Not Applicable

  1. Disciplinary Action –

Procedure

Unfair Labour Practice

2018/06/05

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/06/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Interpretation & Application

2018/07/04

Not Applicable

  1. Promotion

Unfair Dismissal

2018/07/10

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/07/20

Not Applicable

  1. Promotion

Interpretation & Application

2018/07/25

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2018/07/26

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/07/26

2018/07/27

  1. Reporting Lines

Unfair Dismissal

2016/12/08

2018/05/03

  1. Poor Performance

Unfair Dismissal

2017/06/12

Not Applicable

  1. Dishonesty

Unfair Dismissal

2017/09/08

Not Applicable

  1. Contract Employment –

Termination

Unfair Dismissal

2018/02/28

Not Applicable

  1. Unfair Labour Practice

Unfair Labour Practice

2018/01/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/12

2016/09/02

  1. Contract Employment –

Termination

Unfair Dismissal

18/10/2015

2017/12/19

  1. Salary Issues

Unfair Labour Practice

15/10/2015

2016/07/28

  1. Fraud

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Salary Issues

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Discrimination

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Application For Transfer

Unfair Labour Practice

2014/12/13

2015/03/20

  1. Unfair Suspension

Unfair Labour Practice

2013/03/31

2017/03/31

  1. Promotion

Unfair Dismissal

2014/04/13

2015/08/21

  1. Corruption

Unfair Dismissal

2015/06/11

2017/07/11

  1. Unfair Suspension

Unfair Labour Practice

2013/11/03

15/07/2017

  1. Corruption

Unfair Dismissal

2015/03/12

2016/03/31

  1. Theft

Unfair Dismissal

2016/02/01

2016/08/31

  1. Unfair Suspension

Unfair Labour Practice

2018/03/12

2018/06/15

  1. Salary Upgrade

Unfair Labour Practice

2013/06/03

2013/12/11

  1. Salary Upgrade

Unfair Labour Practice

2014/07/12

2015/04/18

  1. Salary Upgrade

Unfair Labour Practice

2015/08/14

2015/11/12

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Corruption

Unfair Dismissal

2013/05/16

2015/09/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Fraud

Unfair Dismissal

2014/06/01

2014/09/24

  1. Salary Upgrade

Unfair Dismissal

2015/06/08

2018/10/15

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2015/05/04

2015/11/15

  1. Leave – Unauthorised

Unfair Labour Practice

2013/03/11

2013/09/14

  1. Discrimination

Unfair Dismissal

2013/06/13

2013/11/28

  1. Dishonesty

Unfair Dismissal

2016/07/31

2018/08/21

  1. Disclosure Of

Information

Unfair Labour Practice

2016/03/16

2016/06/21

  1. Salary Upgrade

Unfair Labour Practice

2017/09/17

2017/12/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2012/11/12

2013/02/11

  1. Harassment

Unfair Labour Practice

2013/12/11

2016/02/17

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2017/10/15

2017/11/21

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/12/04

2018/03/31

  1. Housing Allowance

Unfair Dismissal

2015/07/12

2017/07/15

  1. Negligence

Unfair Dismissal

2016/03/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/06/18

Not Applicable

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/05/06

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/08/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/07/11

Not Applicable

  1. Fraud

Unfair Dismissal

2016/08/02

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2012/09/01

Not Applicable

  1. Fraud

Unfair Dismissal

2014/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2018/04/16

Not Applicable

  1. Constructive Dismissal

Unfair Labour Practice

2016/11/07

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2018/06/08

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2015/08/16

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2018/05/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/07/11

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2016/10/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/07

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2017/09/12

Not Applicable

  1. Negligence

Unfair Dismissal

2017/10/03

Not Applicable

  1. Assault

Unfair Dismissal

2014/04/18

Not Applicable

  1. Corruption

Unfair Dismissal

2018/03/08

Not Applicable

TABLE 2: Labour Court Disputes

Nature Of Dispute

Causes Of Dispute

Date Reported

Date Finalised

  1. Unfair Dismissal

Theft

2013/03/13

Not Finalised

  1. Unfair Dismissal

Promotion

2012/08/30

Not Finalised

  1. Unfair Dismissal

Theft

2015/04/01

Not Finalised

  1. Unfair Dismissal

Theft

2015/11/04

Not Finalised

  1. Unfair Dismissal

Theft

2015/06/01

Not Finalised

  1. Unfair Dismissal

Theft

2013/10/14

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2010/02/07

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2010/10/20

//

  1. Unfair Dismissal

Leave – Unauthorised

2012/05/22

//

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2012/07/16

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2012/06/18

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/07/19

2018/04/02

  1. Unfair Dismissal

Fraud

2012/06/05

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/06/05

2018/04/02

  1. Unfair Dismissal

Contract Employment – Non Renewal

2012/12/21

2018/04/02

  1. Unfair Labour Practice

Abscondment

2013/05/23

2018/04/02

  1. Unfair Labour Practice

Salary Issues

2014/07/04

Not Finalised

  1. Unfair Labour Practice

Salary Issues

2014/11/18

2018/04/02

  1. Unfair Labour Practice

Unfair Suspension

2014/06/19

2018/04/02

  1. Unfair Labour Practice

Leave – Unauthorised

2014/06/11

Not Finalised

  1. Interpretation & Application

Salary Upgrade

2015/01/24

2018/04/02

  1. Unfair Labour Practice

Disciplinary Action – Unfair

2015/03/15

2018/04/02

  1. Unfair Labour Practice

Promotion

2013/06/24

2018/04/02

  1. Unfair Dismissal

Violation Of Procurement Procedures

2016/05/17

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/07/06

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2015/07/10

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/08/12

Not Finalised

  1. Unfair Dismissal

Poor Performance

2017/01/18

Not Finalised

  1. Unfair Dismissal

Contract Employment – Termination

2017/01/25

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/01/25

2018/04/02

  1. Unfair Labour Practice

Unfair Conduct By Employer

2017/04/25

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/25

Not Finalised

  1. Unfair Dismissal

Fraud

2017/06/05

Not Finalised

  1. Interpretation & Application

Contract Employment – Non Renewal

2017/07/25

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/08/24

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/08/24

2018/04/02

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/09/04

Not Finalised

  1. Unfair Dismissal

Fraud

2017/10/06

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2018/04/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Dismissal

Abscondment

2013/03/13

Not Finalised

  1. Unfair Dismissal

Corruption

2012/08/30

Not Finalised

  1. Unfair Dismissal

Abscondment

2015/04/01

Not Finalised

  1. Unfair Dismissal

Corruption

2015/11/04

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2015/06/01

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2017/10/31

Not Finalised

  1. Unfair Dismissal

Theft

2018/03/31

2018/03/31

  1. Unfair Dismissal

Abscondment

2017/12/07

Not Finalised

  1. Unfair Dismissal

Abscondment

2017/10/06

2018/06/20

  1. Unfair Dismissal

Abscondment

2016/02/17

Not Finalised

  1. Unfair Dismissal

Negligence

2017/07/31

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/03/31

2018/06/18

  1. Unfair Dismissal

Theft

2016/02/04

2017/12/12

  1. Unfair Dismissal

Theft

2016/07/31

Not Finalised

  1. Unfair Dismissal

Corruption

2014/12/08

2018/04/02

  1. Unfair Dismissal

Theft

2014/08/31

2018/04/02

  1. Unfair Dismissal

Fraud

2016/03/15

2016/12/15

  1. Unfair Dismissal

Nepotism

2015/07/16

2017/10/15

  1. Unfair Labour Practice

Sexual Harassment

2017/07/31

2015/10/25

  1. Unfair Dismissal

Abscondment

2015/06/16

2016/10/20

  1. Unfair Labour Practice

Promotion

2015/08/13

2018/05/15

  1. Unfair Dismissal

Promotion

2014/08/14

2014/09/15

  1. Unfair Dismissal

Contract Employment – Non Renewal

2013/05/19

2015/12/04

  1. The following entities has informed me as follows:
  2. Special Investigating Unit:

The SIU has received one (1) dispute which was lodged by their recognised trade union NEHAWU on 9 November 2017 in line with the recognition agreement. The dispute relates to section 16.11 of the recognition agreement which reads, “Notwithstanding anything to the contrary in this agreement, the Parties agree that annual negotiations for salary increases will not be part of any negotiations betwenn the SIU and the Union and will not form part of the negotiations at the national bargaining forum or Negotiating Committee, as the Parties agree that the SIU will annualy motivate to and request permission from the Minister of Justice and Constitutional Development, in consultation with the Minister of Finance, as envisaged in section 3(5) of the SIU Act, for the SIU to implement the same resolution on annual salary negotiations, as reached in the Public Service Co-ordinating Bargaining Council (“PSCBC”) in respect of the public service: Provided that the parties agree that the provisions of clause 16.11,

  • 16.11.1 may be renegotiated and reviewed at the request of either Party on an annual basis; or
  • 16.11.2 may be renegotiated as part of the negotiations on the constitution for the national bargaining forum.”

NEHAWU demands that this clause be removed and the SIU must negotiate salaries and other conditions of employment directly with them. To date, the SIU had two meetings to try and resolve this dispute but it remains unresolved. The SIU has one (1) more meeting to go and should the dispute remain unresolved, NEHAWU may refer the dispute to the CCMA. The date for the last meeting has not yet been scheduled.

  1. Legal Aid South Africa
  2. (a) (ii) The Legal Aid SA is currently facing nine (9) labour disputes.

(b) The causes of the disputes are as follows:

  1. Three (3) disputes: Misconduct including absence without leave, gross insubordination, gross insolence and conduct prejudicial to the organisation;
  2. Two (2) disuptes relate to pension matters including retirement age and pension fund contributions;
  3. One (1) dispute is due to poor work performance;
  4. One (1) dispute relates to the preservation of the Group Life Scheme benefit despite budget cuts;
  5. One (1) dispute is caused by the termination of the voluntary services of a volunteer; snf
  6. One (1) dispute is caused by a non-appointment by operation of law decision.

(c) The nature of the disputes are outlined below:

  1. Unfair Dismissal (5);
  2. Unfair Labour Practice (2);
  3. Breach of Contract (1); and
  4. Non-Appointment by Operation of Law (1)

(d) (i) The dates on which each dispute was reported are as follows :

  1. 25 March 2014: Unfair dismissal – Misconduct;
  2. 07 April 2014: Non Appointment by Operation of Law;
  3. 16 May 2014: Unfair dismissal – Misconduct;
  4. 19 May 2014: Unfair dismissal – Poor Performance;
  5. 02 June 2015: Unfair dismissal – Misconduct;
  6. 15 December 2016: Breach of Contract- Retirement Age;
  7. 30 May 2017: Unfair dismissal – Voluntary Services;
  8. 17 July 2018: Unfair labour practice – preservation of group life benefits; and
  9. 30 August 2017: Unfair labour practice – pension fund contributions.

(ii) Seven(7) of the disputes remain unresolved due to either labour court

review or appeal whilest two (2) remain unresolved pending arbitration by the CCMA.

  1. National Prosecuting Authority

Currently, the NPA’s report reflects 48 Conciliation and Arbitration and 12 Labour Court Disputes, and it excludes matters prior to August 2018 that were finalised.

Table A: Conciliation and Arbitration Disputes

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Unfair labour practice - Benefits

Performance Bonus

04/12/2014

The matter was postponed. Awaiting a new date of arbitration.

Unfair Dismissal

Dismissal - misconduct

08/07/2007

No award received from BC. The matter has to be set down for reconstruction.

Unfair dismissal

Dismissal - misconduct

19/08/2014

Awaiting ruling of commissioner

Unfair labour practice - benefits

Failure to translate to LP 10

15/03/2017

The Applicants indicated that they want the matter postponed as the have a similar dispute at labour court and is awaiting the labour court outcome. The commissioner postponed the matter sine die.

Unfair dismissal dispute

Dismissal - Misconduct

21/04/2017

Awaiting new set-down.

Unfair Labour Practice - Benefits

Performance Bonus

25/07/2017

Waiting for condonation application.

Unfair Labour Practice – Promotion

Employee not appointed in promotional post

03/10/2017

Joinder ruling received. Awaiting date for arbitration to proceed.

 

Unfair Dismissal

Dismissal - Misconduct

10/11/2017

The matter is set-down to proceed on 27-28 August 2018.

Unfair Labour Practice

Performance Bonus

06/11/2017

Ruling in favour of NPA. Matter successfully finalised.

Unfair dismissal – S 186 – failure to renew fixed term contract

Non-renewal of fixed term contract

30/11/2017

Matter set-down for 20 August 2018.

Unfair labour practice - Benefits

Performance bonus

06/12/2017

The matter has to be set-down for arbitration.

Unfair labour practice - Benefits

Performance bonus

06/12/17

Ruling in favour of NPA. Matter successfully finalised.

Unfair labour practice – benefits

Salary was corrected in terms of S38 of the PSA

17/01/2018

Set down for 30 August 2018

Unfair labour practice - benefits

Performance Bonus

31/01/2018

Waiting for arbitration date.

 

Interpretation & Application

Resolution 7 of 2000 read with the Pilir Policy – non-approval of Temporary Incapacity leave

16/04/18

The matter went for arbitration on 13 August 2018.

Unfair labour practice - Benefits

Performance bonus

16/04/18

Matter referred to arbitration on 11 June. Awaiting set-down.

Unfair labour practice – Benefits

Performance Bonus

30/4/2018

Awaiting arbitration date.

Unfair labour practice – Benefits

Performance Bonus

07/06/2018

Condonation not granted. File Closed. Matter finalised.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Arbitration set-down for 14 September 2018.

Interpretation & Application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

08/06/2018

Awaiting date for conciliation.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Awaiting date of arbitration.

Unfair dismissal

Dismissal - misconduct

21/06/2018

Awaiting date for conciliation.

Interpretation & Application

Resolution 5 of 2014 – bonus for improved qualification not paid

26/07/2018

The matter was withdrawn

Unfair Dismissal

Discharge due to Ill Health

27/07/2018

Awaiting date of conciliation

Dismissal

Dismissal – misconduct

06/06/2017

Awaiting new date of set down of arbitration.

Unfair Labour Practice - Promotion

The employee was not appointed in promotional post

21/08/2017

Awaiting new date of set down for arbitration.

Dismissal

Dismissal - misconduct

19/09/2017

Awaiting new date of set down for arbitration.

Unfair Labour Practice - Benefits

Performance Bonus

20/10/2017

The matter did not proceed on 11 July 2018 due to the unavailability of the Commissioner. Awaiting new date of set down.

Unfair Labour Practice- Benefits

Performance Bonus

02/11/2017

Memo to settle the dispute has been prepared.

Unfair Dismissal

Dismissal Misconduct

01/12/2017

Awaiting award from the Commissioner.

Unfair Labour Practice - Benefits

Performance Bonus

09/03/2018

Matter set down for 18 September 2018.

Constructive dismissal

Resignation

19/04/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

03/04/2018

The matter has been adjourned for 15-17 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

04/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Labour Practice - Benefits

Performance Bonus

14/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

14/02/2017

Awaiting arbitration award from Council.

Interpretation and application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

26/09/2017

Awaiting ruling from the PSCBC.

Unfair Labour Practice - Benefits

Performance Bonus

01/10/2017

Matter proceeded on 19 to 20 July 2018. Parties decided to settle. Matter finalised.

Unilateral change to terms and conditions of employment (Section 64(4)

Salary Issue

23/01/2018

On 26 July 2018, a ruling was issued that the Council does not have jurisdiction to arbitrate dispute concerning unilateral change to terms and conditions of employment. Applicant was advised on 09 March 2018 to refer the matter to Labour Court. Matter Finalised.

Unfair labour practice – benefits

Performance Bonus

19/01/2017

The arbitration did not proceed as the Applicant dismissed her representative and requested that the matter be postponed. The Applicant will request transcripts from the Council. The matter was postponed sine die.

Interpretation & Application

Performance Bonus

05/03/2018

Arbitration set down for 27 August 2018.

Unfair Labour Practice- Benefits

Performance Bonus

29/05/2018

Parties agreed that the matter will commence on 26 September 2018.

Unfair Labour Practice

Matter of mutual interest

29/06/2018

The conciliation was set down for 29 June 2018. The conciliation was part-heard and the Applicant requested extension based on timeframe.

Unilateral change to terms and conditions of employment

Salary Issue

08/07/2018

The matter was conciliated.

Unfair dismissal

Dismissal - misconduct

06/07/2018

Awaiting for condonation ruling.

Unfair Labour Practice - Benefits

Performance Bonus

02/07/2018

Awaiting for a set down date for arbitration

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Table B: Labour Disputes – Labour Court/High Court

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Review of arbitration award

Labour Court

Claim of unfair dismissal

23/04/2009

Pending

 

Labour Court – Application for review

Application for review – award to be reviewed and set aside and for matter to be referred back for adjudication.

22/08/2012

Pending

Application for review- Labour Court

The applicant seeks to review the award in which the respondent was reinstated.

26/04/2017

Pending

Review

Labour Court

The employer to review its decision to award the COL for members of SMS

08/08/2017

Pending

Review

Labour Court

Review of condonation ruling

20/03/2018

Pending

Review

Labour Court

Application for review

05/06/2018

Pending

Application

Labour Court

Appointment as a Special Investigator Level 3 (Rank of Superintendent in SAPS)

28/09/2009

Pending

Application

Labour Court

Claim of unfair labour practice relating to retrospective JE-upgrades

Retrospective upgrades sought

19/12/2008

Pending

Labour Court

Unfair dismissal

Re-instatement

10/07/2014

Pending

Labour Court

ULP, Appointment

03/04/2017

Pending

Labour Court

Promotion

21/05/2018

Pending

Labour Court

Unfair Labour Practice

25/07/2014

Pending

  1. (a) The information on the Departmental dismissal cases are tabulated below:

Financial Year

No. of Employees Dismissed

Reasons for Dismissal

No. of Employees paid Severance Packages

Severance Package Amount Paid

2018/19

16

  1. Abscondment = 4 cases
  1. Corruption = 1 case
  1. Fraud = 3 cases
  1. Insubordination = 1 case
  1. Negligence = 1 case
  1. Theft = 1 cases
  1. Unauthorised Absence = 3 cases
  1. Unethical Behaviour = 2 cases

Nil

Nil

2017/18

50

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2016/17

56

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2015/16

70

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2014/15

68

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2013/14

96

  1. Abscondment = 14 cases
  1. Abuse of Leave = 6 cases
  1. Assault = 3 case
  1. Bribery = 2 cases
  1. Corruption = 10 cases
  1. Dishonesty = 3 cases
  1. Fraud = 19 cases
  1. Insubordination = 5 case
  1. Mismanagement of Funds = 1 case
  1. Loss of State Money = 1 case
  1. Negligence = 4 cases
  1. Theft = 20 cases
  1. Unauthorised Absence = 4 cases
  1. Unethical Behaviour 4 cases

Nil

Nil

(B) The following entities has informed me as follows:

a. SIU

Three (3) employees of the SIU were dismissed in the last five years, and details are as follows:

  1. Dismissal – misconduct – no monies were paid
  2. Dismissal – misconduct – no monies were paid – the matter is currently at CCMA
  3. Dismissal – operational requirements – A severance package of R503,044-69 was paid.

b. Legal Aid SA

(i) The Legal Aid SA has dismissed seventeen (17) employees dismissed in the past five years.

(ii) the reasons for the dismissal are as follows:

  1. Three (3): long periods of absence without leave;
  2. Three (3): fraud – taking money from clients;
  3. Two (2): misrepresentation of educational qualifications and certificate of good standing respectively;
  4. Two (2): conflict of interest, gross negligence and transgression of the PFMA
  5. One (1): Poor Work Performance;
  6. One (1): Gross Insubordination and Gross Insolence;
  7. One (1): revealing and communicating confidential information forbidden by policy;
  8. One (1): performing pro bono work outside of Legal Aid SA policy;
  9. One (1): unruly behaviour, assault, fighting and unacceptable aggressive behaviour;
  10. One (1): failing to investigate suspicious judicare claims resulting in material financial loss; and
  11. One (1): gross dishonesty, professional negligence and derilection of duty.

(b (i) and (ii) No severance packages were ever paid out to any employee.

c. National Prosecuting Authority

No. of Employees Dismissed

Reason For Dismissal

Appeal

Dismissal Confirmed on Appeal

35

  1. Giving false information

No

Not Applicable

 
  1. Withdrew Criminal matters without following correct procedure

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Absenteeism

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

No

Not Applicable

 
  1. Usage of petrol card

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Bringing the NPA into disrepute

Yes

Yes

 
  1. Corruption

No

Not Applicable

 
  1. Bringing the name of the NPA in disrepute

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Irregular expenditure

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

Yes

Yes

 
  1. Assault

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

No

Not Applicable

 
  1. Gross Dishonesty

Yes

Yes

 
  1. Withdrew Criminal matters without following correct procedure/ failed to reinstate prosecution when instructed to do so

Yes

Yes

 
  1. Soliciting Bribe

Yes

Yes

 
  1. Sexual harassment

Yes

Yes

 
  1. Gross Dishonesty

Yes

yes

 
  1. Corruption

Yes

Yes

 
  1. Abscondment

No

Not Applicable

 
  1. Dishonesty – soliciting a bribe

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Abscondment – S 17 termination

No

N/A

 
  1. Dishonesty

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Abscondment

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Corruption

Yes

Yes

(b) None of the dismissed employees were paid severance packages as can be seen

from the reasons for dismissal.