Question NW2313 to the Minister of Justice and Correctional Services
03 September 2018 - NW2313
Mulaudzi, Adv 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
|
|
|
|
|
Unfair Dismissal |
2015/05/05 |
Not Applicable |
|
Unfair Labour Practice |
2017/01/17 |
2018/04/23 |
|
Unfair Labour Practice |
2017/01/17 |
2018/04/23 |
|
Unfair Labour Practice |
2017/01/17 |
2018/04/23 |
|
Unfair Labour Practice |
2017/01/17 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/01 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/01 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/01 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/01 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/01 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/21 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/21 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/21 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/21 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/21 |
2018/04/23 |
|
Unfair Labour Practice |
2017/02/24 |
Not Finalised |
|
Unfair Labour Practice |
2017/02/20 |
2018/04/23 |
|
Unfair Labour Practice |
2017/05/10 |
2018/04/23 |
|
Unfair Labour Practice |
2017/05/30 |
2018/04/23 |
|
Unfair Labour Practice |
2017/12/05 |
Not Finalised |
|
Unfair Labour Practice |
2017/12/06 |
2018/04/23 |
|
Unfair Labour Practice |
2017/12/18 |
Not Finalised |
|
Unfair Labour Practice |
2018/01/19 |
2018/05/30 |
|
Unfair Labour Practice |
2018/01/25 |
Not Finalised |
|
Unfair Labour Practice |
2018/02/28 |
Not Finalised |
|
Unfair Labour Practice |
2018/02/28 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/20 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/20 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/20 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/20 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/18 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/18 |
Not Finalised |
|
Unfair Labour Practice |
2018/04/18 |
Not Finalised |
|
Unfair Labour Practice |
2018/06/01 |
Not Finalised |
|
Unfair Labour Practice |
2018/07/18 |
Not Finalised |
|
Unfair Labour Practice |
2018/07/10 |
Not Finalised |
|
Unfair Labour Practice |
2018/07/09 |
Not Finalised |
|
Unfair Labour Practice |
2018/07/03 |
Not Finalised |
|
Unfair Dismissal |
2016/03/07 |
Not Finalised |
|
Interpretation & Application |
2017/03/06 |
Not Finalised |
|
Interpretation & Application |
2017/10/20 |
Not Finalised |
|
Interpretation & Application |
2017/10/24 |
Not Finalised |
|
Unfair Dismissal |
2018/01/22 |
Not Finalised |
|
Interpretation & Application |
2018/04/03 |
Not Finalised |
|
Interpretation & Application |
2018/04/06 |
Not Finalised |
|
Interpretation & Application |
2018/04/13 |
Not Finalised |
|
Interpretation & Application |
2018/04/13 |
Not Finalised |
|
Unfair Dismissal |
2018/06/15 |
Not Finalised |
|
Interpretation & Application |
2018/06/18 |
Not Finalised |
|
Interpretation & Application |
2018/06/21 |
Not Finalised |
|
Interpretation & Application |
2018/06/22 |
2018/07/26 |
|
Unfair Dismissal |
2014/08/18 |
Not Finalised |
|
Unfair Dismissal |
2014/08/18 |
Not Finalised |
|
Unfair Dismissal |
2014/08/18 |
Not Finalised |
|
Unfair Labour Practice |
2016/04/29 |
Not Finalised |
|
Unfair Dismissal |
2017/01/25 |
2018/07/01 |
|
Unfair Dismissal |
2017/06/30 |
Not Finalised |
|
Unfair Labour Practice |
2017/10/03 |
Not Finalised |
|
Interpretation & Application |
2018/02/12 |
2018/07/24 |
|
Interpretation & Application |
2018/02/12 |
2018/07/24 |
|
Unfair Labour Practice |
2018/02/01 |
2018/04/04 |
|
Unfair Labour Practice |
2018/04/30 |
Not Finalised |
|
Unfair Discrimination |
2018/07/18 |
Not Finalised |
|
Unfair Dismissal |
2015/02/24 |
2017/04/12 |
|
Unfair Labour Practice |
2017/03/09 |
2018/07/31 |
|
Unfair Labour Practice |
2017/03/14 |
Not Applicable |
|
Unfair Dismissal |
2017/08/01 |
Not Applicable |
|
Unfair Dismissal |
2017/08/23 |
Not Applicable |
|
Unfair Labour Practice |
2017/12/08 |
Not Applicable |
|
Unfair Dismissal |
2018/04/12 |
Not Applicable |
|
Unfair Labour Practice |
2018/06/28 |
Not Applicable |
|
Unfair Labour Practice |
2015/10/27 |
Not Applicable |
|
Unfair Dismissal |
2015/11/03 |
Not Applicable |
|
Unfair Labour Practice |
2015/11/17 |
Not Applicable |
|
Unfair Labour Practice |
2016/04/26 |
2018/05/29 |
|
Unfair Dismissal |
2016/10/07 |
Not Applicable |
|
Unfair Labour Practice |
2017/01/03 |
Not Applicable |
|
Unfair Labour Practice |
2017/09/11 |
Not Applicable |
|
Interpretation & Application |
2017/12/06 |
Not Applicable |
|
Unfair Dismissal |
2018/01/02 |
2018/04/30 |
|
Unfair Labour Practice |
2018/01/22 |
Not Applicable |
|
Unfair Dismissal |
2018/02/01 |
Not Applicable |
|
Unfair Labour Practice |
2018/04/03 |
Not Applicable |
|
Unfair Dismissal |
2018/05/04 |
Not Applicable |
|
Unfair Dismissal |
2017/11/20 |
Not Applicable |
|
Unfair Discrimination |
2018/06/01 |
2018/06/13 |
|
Interpretation & Application |
2018/06/04 |
2018/07/30 |
|
Unfair Dismissal |
2018/06/18 |
Not Applicable |
|
Unfair Dismissal |
2018/06/18 |
Not Applicable |
|
Unfair Labour Practice |
2018/07/02 |
Not Applicable |
|
Unfair Dismissal |
2014/07/01 |
Not Applicable |
|
Unfair Dismissal |
2016/02/22 |
Not Applicable |
|
Unfair Dismissal |
2015/11/28 |
Not Applicable |
|
Unfair Dismissal |
2015/06/01 |
Not Applicable |
|
Unfair Dismissal |
2016/01/11 |
Not Applicable |
|
Unfair Dismissal |
2016/10/03 |
Not Applicable |
|
Unfair Dismissal |
2017/03/20 |
Not Applicable |
|
Unfair Labour Practice |
2017/01/24 |
Not Applicable |
|
Unfair Dismissal |
2017/03/10 |
Not Applicable |
Short Of Dismissal |
Unfair Labour Practice |
2017/04/10 |
2018/05/09 |
Management System |
Unfair Labour Practice |
2017/09/20 |
2018/04/10 |
Management System |
Unfair Labour Practice |
2017/10/16 |
2018/06/12 |
Leave |
Unfair Labour Practice |
2018/02/26 |
Not Applicable |
|
Unfair Dismissal |
2018/01/30 |
Not Applicable |
|
Unfair Dismissal |
2018/01/22 |
2018/04/11 |
Short Of Dismissal |
Unfair Labour Practice |
2018/01/23 |
Not Applicable |
|
Unfair Dismissal |
2017/12/22 |
2018/04/05 |
|
Unfair Labour Practice |
2017/12/15 |
Not Applicable |
|
Unfair Labour Practice |
2018/02/19 |
2018/05/25 |
|
Unfair Dismissal |
2018/02/21 |
Not Applicable |
|
Unfair Dismissal |
2018/03/08 |
2018/05/25 |
|
Unfair Labour Practice |
2018/02/21 |
Not Applicable |
|
Unfair Labour Practice |
2018/03/27 |
2018/06/28 |
|
Unfair Labour Practice |
2018/02/15 |
Not Applicable |
|
Unfair Dismissal |
2018/05/09 |
2018/06/18 |
|
Unfair Discrimination |
2018/06/11 |
Not Applicable |
|
Unfair Discrimination |
2018/06/11 |
Not Applicable |
|
Unfair Dismissal |
2018/06/16 |
2018/07/24 |
|
Unfair Discrimination |
2018/06/28 |
Not Applicable |
|
Unfair Dismissal |
2018/07/04 |
Not Applicable |
|
Unfair Dismissal |
2018/06/13 |
Not Applicable |
|
Unfair Labour Practice |
2016/07/01 |
Not Applicable |
|
Unfair Labour Practice |
2015/09/01 |
Not Applicable |
|
Unfair Labour Practice |
2014/10/10 |
Not Applicable |
Employment Terms and Conditions |
Unfair Labour Practice |
2014/01/22 |
2018/05/16 |
|
Unfair Labour Practice |
2014/02/20 |
2018/04/02 |
|
Unfair Labour Practice |
2013/09/21 |
2018/04/02 |
|
Unfair Labour Practice |
2014/02/18 |
2018/04/02 |
Management System |
Unfair Discrimination |
2014/09/25 |
2018/04/02 |
|
Unfair Dismissal |
2014/08/09 |
Not Applicable |
|
Unfair Dismissal |
2016/03/19 |
Not Applicable |
|
Unfair Labour Practice |
2014/06/20 |
2018/05/11 |
|
Unfair Labour Practice |
2012/12/10 |
Not Applicable |
Dispensation Implementation |
Unfair Labour Practice |
2015/07/30 |
2018/04/02 |
|
Unfair Dismissal |
2012/06/24 |
Not Applicable |
|
Unfair Dismissal |
2015/06/07 |
2018/04/02 |
|
Interpretation & Application |
2014/07/16 |
Not Applicable |
|
Unfair Labour Practice |
2013/04/21 |
Not Applicable |
|
Interpretation & Application |
2015/10/29 |
Not Applicable |
|
Interpretation & Application |
2016/07/15 |
2018/05/11 |
|
Unfair Labour Practice |
2016/08/01 |
2018/04/02 |
Management System |
Unfair Dismissal |
2016/08/01 |
2018/04/02 |
Management System |
Unfair Labour Practice |
2016/08/01 |
2018/04/02 |
|
Unfair Labour Practice |
2016/08/29 |
2018/04/02 |
|
Unfair Labour Practice |
2016/09/15 |
2018/04/02 |
|
Unfair Labour Practice |
2016/09/08 |
2018/04/02 |
Management System |
Unfair Labour Practice |
2016/10/04 |
2018/04/02 |
|
Unfair Labour Practice |
2016/10/04 |
2018/04/02 |
|
Unfair Labour Practice |
2016/11/08 |
2018/04/02 |
|
Unfair Labour Practice |
2016/11/16 |
2018/04/02 |
|
Unfair Labour Practice |
2016/11/25 |
Not Applicable |
|
Unfair Labour Practice |
2017/01/05 |
2018/04/02 |
|
Unfair Dismissal |
2017/02/03 |
2018/05/02 |
Management System |
Unfair Labour Practice |
2017/03/27 |
Not Applicable |
|
Interpretation & Application |
2017/04/18 |
Not Applicable |
|
Unfair Labour Practice |
2017/04/21 |
2018/05/04 |
|
Unfair Labour Practice |
2017/06/05 |
Not Applicable |
|
Unfair Labour Practice |
2017/07/12 |
Not Applicable |
– Non Renewal |
Unfair Labour Practice |
2017/06/08 |
2018/06/14 |
Employment Terms and Conditions |
Unfair Labour Practice |
2017/07/25 |
Not Applicable |
Dispensation Implementation |
Unfair Labour Practice |
2017/07/25 |
Not Applicable |
|
Interpretation & Application |
2017/07/25 |
2018/05/16 |
Management System |
Unfair Labour Practice |
2017/07/12 |
Not Applicable |
|
Unfair Labour Practice |
2017/09/01 |
Not Applicable |
– Termination |
Unfair Labour Practice |
2017/09/01 |
Not Applicable |
|
Unfair Labour Practice |
2017/09/04 |
Not Applicable |
Termination |
Interpretation & Application |
2017/09/18 |
Not Applicable |
Termination |
Unfair Labour Practice |
2017/09/20 |
Not Applicable |
|
Interpretation & Application |
2017/10/03 |
2018/04/02 |
Management System |
Unfair Labour Practice |
2017/10/06 |
2018/04/02 |
Non-Renewal |
Unfair Labour Practice |
2017/10/06 |
Not Applicable |
|
Unfair Labour Practice |
2017/10/06 |
Not Applicable |
|
Unfair Labour Practice |
2017/10/06 |
Not Applicable |
|
Unfair Labour Practice |
2017/10/06 |
Not Applicable |
Management System |
Unfair Dismissal |
2017/11/01 |
2018/07/24 |
|
Unfair Dismissal |
2017/11/01 |
Not Applicable |
Leave |
Unfair Labour Practice |
2017/11/01 |
Not Applicable |
Dispensation Implementation |
Unfair Labour Practice |
2017/11/08 |
2018/05/22 |
Management System |
Interpretation & Application |
2017/10/18 |
2018/05/11 |
|
Interpretation & Application |
2017/10/23 |
2018/07/11 |
|
Interpretation & Application |
2017/11/30 |
Not Applicable |
Management System |
Unfair Labour Practice |
2017/11/30 |
Not Applicable |
|
Unfair Labour Practice |
2017/12/08 |
2018/05/11 |
|
Unfair Labour Practice |
2017/12/08 |
Not Applicable |
Leave |
Unfair Labour Practice |
2017/12/11 |
Not Applicable |
Dispensation Implementation |
Unfair Labour Practice |
2017/12/11 |
Not Applicable |
for Court Interpreters |
Interpretation & Application |
2017/12/15 |
2018/06/25 |
Management System |
Interpretation & Application |
2017/12/15 |
Not Applicable |
Non-Renewal |
Interpretation & Application |
2018/04/03 |
2018/05/11 |
Unfair |
Unfair Discrimination |
2018/04/03 |
2018/05/10 |
|
Unfair Labour Practice |
2018/05/04 |
Not Applicable |
Dispensation Implementation |
Unfair Labour Practice |
2018/05/11 |
Not Applicable |
Non-Renewal |
Interpretation & Application |
2018/05/11 |
2018/05/11 |
Dispensation Implementation |
Unfair Labour Practice |
2018/05/11 |
Not Applicable |
|
Unfair Labour Practice |
2018/05/11 |
2018/05/16 |
Dispensation Implementation |
Unfair Dismissal |
2018/05/11 |
Not Applicable |
Termination |
Interpretation & Application |
2018/05/11 |
Not Applicable |
For Court Interpreters |
Unfair Labour Practice |
2018/05/11 |
2018/05/16 |
Management System |
Interpretation & Application |
2018/05/11 |
2018/07/18 |
Leave |
Unfair Dismissal |
2018/05/11 |
Not Applicable |
Leave |
Interpretation & Application |
2018/05/11 |
Not Applicable |
|
Unfair Labour Practice |
2018/05/15 |
Not Applicable |
Management System |
Interpretation & Application |
2018/05/18 |
Not Applicable |
Leave |
Interpretation & Application |
2018/05/29 |
Not Applicable |
Procedure |
Unfair Labour Practice |
2018/06/05 |
Not Applicable |
Management System |
Unfair Labour Practice |
2018/06/11 |
Not Applicable |
Dispensation Implementation |
Interpretation & Application |
2018/07/04 |
Not Applicable |
|
Unfair Dismissal |
2018/07/10 |
Not Applicable |
Management System |
Unfair Labour Practice |
2018/07/20 |
Not Applicable |
|
Interpretation & Application |
2018/07/25 |
Not Applicable |
|
Unfair Labour Practice |
2018/07/26 |
Not Applicable |
|
Unfair Labour Practice |
2018/07/26 |
2018/07/27 |
|
Unfair Dismissal |
2016/12/08 |
2018/05/03 |
|
Unfair Dismissal |
2017/06/12 |
Not Applicable |
|
Unfair Dismissal |
2017/09/08 |
Not Applicable |
Termination |
Unfair Dismissal |
2018/02/28 |
Not Applicable |
|
Unfair Labour Practice |
2018/01/17 |
Not Applicable |
|
Unfair Dismissal |
2015/06/12 |
2016/09/02 |
Termination |
Unfair Dismissal |
18/10/2015 |
2017/12/19 |
|
Unfair Labour Practice |
15/10/2015 |
2016/07/28 |
|
Unfair Labour Practice |
2015/12/12 |
2018/06/14 |
|
Unfair Labour Practice |
2015/12/12 |
2018/06/14 |
Leave |
Unfair Labour Practice |
2015/03/06 |
2015/09/30 |
|
Unfair Labour Practice |
2015/03/06 |
2015/09/30 |
|
Unfair Labour Practice |
2014/12/13 |
2015/03/20 |
|
Unfair Labour Practice |
2013/03/31 |
2017/03/31 |
|
Unfair Dismissal |
2014/04/13 |
2015/08/21 |
|
Unfair Dismissal |
2015/06/11 |
2017/07/11 |
|
Unfair Labour Practice |
2013/11/03 |
15/07/2017 |
|
Unfair Dismissal |
2015/03/12 |
2016/03/31 |
|
Unfair Dismissal |
2016/02/01 |
2016/08/31 |
|
Unfair Labour Practice |
2018/03/12 |
2018/06/15 |
|
Unfair Labour Practice |
2013/06/03 |
2013/12/11 |
|
Unfair Labour Practice |
2014/07/12 |
2015/04/18 |
|
Unfair Labour Practice |
2015/08/14 |
2015/11/12 |
|
Unfair Dismissal |
2014/12/17 |
2015/11/22 |
|
Unfair Dismissal |
2014/12/17 |
2015/11/22 |
|
Unfair Dismissal |
2013/05/16 |
2015/09/11 |
Non-Renewal |
Unfair Dismissal |
17/07/2015 |
2018/03/14 |
Non-Renewal |
Unfair Dismissal |
17/07/2015 |
2018/03/14 |
|
Unfair Dismissal |
2014/06/01 |
2014/09/24 |
|
Unfair Dismissal |
2015/06/08 |
2018/10/15 |
Non-Renewal |
Unfair Labour Practice |
2015/05/04 |
2015/11/15 |
|
Unfair Labour Practice |
2013/03/11 |
2013/09/14 |
|
Unfair Dismissal |
2013/06/13 |
2013/11/28 |
|
Unfair Dismissal |
2016/07/31 |
2018/08/21 |
Information |
Unfair Labour Practice |
2016/03/16 |
2016/06/21 |
|
Unfair Labour Practice |
2017/09/17 |
2017/12/11 |
Non-Renewal |
Unfair Dismissal |
2012/11/12 |
2013/02/11 |
|
Unfair Labour Practice |
2013/12/11 |
2016/02/17 |
Non-Renewal |
Unfair Dismissal |
2017/10/15 |
2017/11/21 |
Non-Renewal |
Unfair Dismissal |
2015/12/04 |
2018/03/31 |
|
Unfair Dismissal |
2015/07/12 |
2017/07/15 |
|
Unfair Dismissal |
2016/03/01 |
Not Applicable |
|
Unfair Dismissal |
2016/06/18 |
Not Applicable |
Non-Renewal |
Unfair Dismissal |
2015/05/06 |
Not Applicable |
|
Unfair Dismissal |
2015/08/01 |
Not Applicable |
|
Unfair Dismissal |
2016/07/11 |
Not Applicable |
|
Unfair Dismissal |
2016/08/02 |
Not Applicable |
|
Unfair Labour Practice |
2015/03/01 |
Not Applicable |
|
Unfair Dismissal |
2012/09/01 |
Not Applicable |
|
Unfair Dismissal |
2014/03/01 |
Not Applicable |
|
Unfair Dismissal |
2017/10/11 |
Not Applicable |
|
Unfair Dismissal |
2017/10/11 |
Not Applicable |
|
Unfair Dismissal |
2018/04/16 |
Not Applicable |
|
Unfair Labour Practice |
2016/11/07 |
Not Applicable |
|
Unfair Labour Practice |
2018/06/08 |
Not Applicable |
|
Unfair Dismissal |
2015/08/16 |
Not Applicable |
|
Unfair Dismissal |
2018/05/30 |
Not Applicable |
|
Unfair Dismissal |
2018/07/11 |
Not Applicable |
Management System |
Unfair Labour Practice |
2016/10/17 |
Not Applicable |
|
Unfair Dismissal |
2015/06/07 |
Not Applicable |
|
Unfair Labour Practice |
2017/09/12 |
Not Applicable |
|
Unfair Dismissal |
2017/10/03 |
Not Applicable |
|
Unfair Dismissal |
2014/04/18 |
Not Applicable |
|
Unfair Dismissal |
2018/03/08 |
Not Applicable |
TABLE 2: Labour Court Disputes
Nature Of Dispute |
Causes Of Dispute |
Date Reported |
Date Finalised |
|
Theft |
2013/03/13 |
Not Finalised |
|
Promotion |
2012/08/30 |
Not Finalised |
|
Theft |
2015/04/01 |
Not Finalised |
|
Theft |
2015/11/04 |
Not Finalised |
|
Theft |
2015/06/01 |
Not Finalised |
|
Theft |
2013/10/14 |
Not Finalised |
|
Occupation Specific Dispensation Implementation SMS |
2011/02/07 |
2018/04/02 |
|
Occupation Specific Dispensation Implementation SMS |
2011/02/07 |
2018/04/02 |
|
Occupation Specific Dispensation Implementation SMS |
2011/02/07 |
2018/04/02 |
|
Occupation Specific Dispensation Implementation SMS |
2010/02/07 |
2018/04/02 |
|
Collective Bargaining |
2010/10/20 |
// |
|
Leave – Unauthorised |
2012/05/22 |
// |
|
Occupation Specific Dispensation Implementation |
2012/07/16 |
2018/04/02 |
|
Collective Bargaining |
2012/06/18 |
2018/04/02 |
|
Abscondment |
2012/07/19 |
2018/04/02 |
|
Fraud |
2012/06/05 |
2018/04/02 |
|
Abscondment |
2012/06/05 |
2018/04/02 |
|
Contract Employment – Non Renewal |
2012/12/21 |
2018/04/02 |
|
Abscondment |
2013/05/23 |
2018/04/02 |
|
Salary Issues |
2014/07/04 |
Not Finalised |
|
Salary Issues |
2014/11/18 |
2018/04/02 |
|
Unfair Suspension |
2014/06/19 |
2018/04/02 |
|
Leave – Unauthorised |
2014/06/11 |
Not Finalised |
|
Salary Upgrade |
2015/01/24 |
2018/04/02 |
|
Disciplinary Action – Unfair |
2015/03/15 |
2018/04/02 |
|
Promotion |
2013/06/24 |
2018/04/02 |
|
Violation Of Procurement Procedures |
2016/05/17 |
Not Finalised |
|
Promotion |
2016/07/06 |
Not Finalised |
|
Occupation Specific Dispensation Implementation |
2015/07/10 |
Not Finalised |
|
Promotion |
2016/08/12 |
Not Finalised |
|
Poor Performance |
2017/01/18 |
Not Finalised |
|
Contract Employment – Termination |
2017/01/25 |
Not Finalised |
|
Contract Employment – Non Renewal |
2017/01/25 |
2018/04/02 |
|
Unfair Conduct By Employer |
2017/04/25 |
Not Finalised |
|
Salary Upgrade |
2017/05/04 |
Not Finalised |
|
Salary Upgrade |
2017/05/25 |
Not Finalised |
|
Fraud |
2017/06/05 |
Not Finalised |
|
Contract Employment – Non Renewal |
2017/07/25 |
Not Finalised |
|
Occupation Specific Dispensation Implementation |
2017/08/24 |
Not Finalised |
|
Salary Upgrade |
2017/08/24 |
2018/04/02 |
|
Occupation Specific Dispensation Implementation |
2017/09/04 |
Not Finalised |
|
Fraud |
2017/10/06 |
Not Finalised |
|
Occupation Specific Dispensation Implementation |
2018/04/04 |
Not Finalised |
|
Salary Upgrade |
2018/05/11 |
Not Finalised |
|
Occupation Specific Dispensation Implementation |
2018/05/11 |
Not Finalised |
|
Salary Upgrade |
2018/05/11 |
Not Finalised |
|
Abscondment |
2013/03/13 |
Not Finalised |
|
Corruption |
2012/08/30 |
Not Finalised |
|
Abscondment |
2015/04/01 |
Not Finalised |
|
Corruption |
2015/11/04 |
Not Finalised |
|
Salary Upgrade |
2015/06/01 |
Not Finalised |
|
Salary Upgrade |
2017/10/31 |
Not Finalised |
|
Theft |
2018/03/31 |
2018/03/31 |
|
Abscondment |
2017/12/07 |
Not Finalised |
|
Abscondment |
2017/10/06 |
2018/06/20 |
|
Abscondment |
2016/02/17 |
Not Finalised |
|
Negligence |
2017/07/31 |
Not Finalised |
|
Contract Employment – Non Renewal |
2017/03/31 |
2018/06/18 |
|
Theft |
2016/02/04 |
2017/12/12 |
|
Theft |
2016/07/31 |
Not Finalised |
|
Corruption |
2014/12/08 |
2018/04/02 |
|
Theft |
2014/08/31 |
2018/04/02 |
|
Fraud |
2016/03/15 |
2016/12/15 |
|
Nepotism |
2015/07/16 |
2017/10/15 |
|
Sexual Harassment |
2017/07/31 |
2015/10/25 |
|
Abscondment |
2015/06/16 |
2016/10/20 |
|
Promotion |
2015/08/13 |
2018/05/15 |
|
Promotion |
2014/08/14 |
2014/09/15 |
|
Contract Employment – Non Renewal |
2013/05/19 |
2015/12/04 |
- The following entities has informed me as follows:
- 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.
- Legal Aid South Africa
- (a) (ii) The Legal Aid SA is currently facing nine (9) labour disputes.
(b) The causes of the disputes are as follows:
- Three (3) disputes: Misconduct including absence without leave, gross insubordination, gross insolence and conduct prejudicial to the organisation;
- Two (2) disuptes relate to pension matters including retirement age and pension fund contributions;
- One (1) dispute is due to poor work performance;
- One (1) dispute relates to the preservation of the Group Life Scheme benefit despite budget cuts;
- One (1) dispute is caused by the termination of the voluntary services of a volunteer; snf
- One (1) dispute is caused by a non-appointment by operation of law decision.
(c) The nature of the disputes are outlined below:
- Unfair Dismissal (5);
- Unfair Labour Practice (2);
- Breach of Contract (1); and
- Non-Appointment by Operation of Law (1)
(d) (i) The dates on which each dispute was reported are as follows :
- 25 March 2014: Unfair dismissal – Misconduct;
- 07 April 2014: Non Appointment by Operation of Law;
- 16 May 2014: Unfair dismissal – Misconduct;
- 19 May 2014: Unfair dismissal – Poor Performance;
- 02 June 2015: Unfair dismissal – Misconduct;
- 15 December 2016: Breach of Contract- Retirement Age;
- 30 May 2017: Unfair dismissal – Voluntary Services;
- 17 July 2018: Unfair labour practice – preservation of group life benefits; and
- 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.
- 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 |
- (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 |
|
Nil |
Nil |
2017/18 |
50 |
|
Nil |
Nil |
2016/17 |
56 |
|
Nil |
Nil |
2015/16 |
70 |
|
Nil |
Nil |
2014/15 |
68 |
|
Nil |
Nil |
2013/14 |
96 |
|
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:
- Dismissal – misconduct – no monies were paid
- Dismissal – misconduct – no monies were paid – the matter is currently at CCMA
- 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:
- Three (3): long periods of absence without leave;
- Three (3): fraud – taking money from clients;
- Two (2): misrepresentation of educational qualifications and certificate of good standing respectively;
- Two (2): conflict of interest, gross negligence and transgression of the PFMA
- One (1): Poor Work Performance;
- One (1): Gross Insubordination and Gross Insolence;
- One (1): revealing and communicating confidential information forbidden by policy;
- One (1): performing pro bono work outside of Legal Aid SA policy;
- One (1): unruly behaviour, assault, fighting and unacceptable aggressive behaviour;
- One (1): failing to investigate suspicious judicare claims resulting in material financial loss; and
- 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 |
|
No |
Not Applicable |
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
No |
Not Applicable |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
No |
Not Applicable |
|
|
No |
Not Applicable |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
No |
Not Applicable |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
yes |
|
|
Yes |
Yes |
|
|
No |
Not Applicable |
|
|
No |
N/A |
|
|
Yes |
Yes |
|
|
No |
N/A |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
|
|
No |
N/A |
|
|
Yes |
Yes |
|
|
Yes |
Yes |
(b) None of the dismissed employees were paid severance packages as can be seen
from the reasons for dismissal.