Question to the Minister of Higher Education, Science and Technology - NW2317

10 September 2018 - NW2317

Nolutshungu, Ms N to ask the Minister of Higher Education and Training

(1)(a) What number of labour disputes are currently being faced by (i) her department and (ii) the entities reporting to her, (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:

(a)(i) There are 56 disputes currently faced by the Department.

(ii) There are 50 disputes currently faced by the entities reporting to the Department.

(b)-(d) The details of the cause, nature, date of dispute reported and resolved of each dispute are provided in the table below:

Department:

Number of Conciliations	(b) Cause of dispute	(c ) Nature of dispute	(i) Date reported	(ii) Date resolved
Employee 1 (Head Office)	Allegation of unfair dismissal	Unfair dismissal	26/04/2018	26/04/2018 Unresolved
Employee 2 (Lovedale TVET College)	Allegations of unfair labour practice related benefits	Unfair Conduct - benefits	11/06/2018	11/06/2018 Unresolved
Employee 3 (Lovedale TVET College)	Allegations of unfair labour practice related benefits	Unfair Conduct - benefits	11/06/2018	11/06/2018 Unresolved
Employee 4 (Motheo TVET College)	Allegations of unfair labour practice related benefits	Unfair Conduct - benefits	18/04/2018	18/04/2018 Withdrawn
Employee 5 (Motheo TVET College)	Allegations of failure to promote	Unfair Conduct - promotion	26/04/2018	26/04/2018 Settlement agreement reached
Employee 6 (Head Office)	Allegations of failure to promote	Unfair Conduct - promotion	30/04/2018	30/04/2018 Unresolved
Employee 7 (Northlink TVET College)	Allegations of unfair conduct related to promotion, demotion, training, probation and benefits	Unfair Conduct - promotion, demotion, training, probation and benefits	07/05/2018	07/05/2018 Unresolved
Employee 8 (Lovedale TVET College)	Allegations of unfair labour practice related benefits	Unfair Conduct - benefits	24/05/2018	24/05/2018 Withdrawn by the Applicant
Employee 9 (College of Cape Town)	Allegations of unfair conduct related to promotion, demotion, training, probation and benefits	Unfair Conduct - promotion, demotion, training, probation and benefits	31/05/2018	31/05/2018 Withdrawn by the Applicant
Employee 10 (Eastern Cape CET)	Allegations of demotion	Unfair Conduct - demotion	07/06/2018	07/06/2018 Unresolved
Employee 11 (Port Elizabeth TVET College)	Equal pay for equal value of work	Unfair Discrimination	20/04/2018	20/04/2018 Unresolved
Employee 12 (Motheo TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation or Application of Collective Agreement	26/04/2018	26/04/2018 Unresolved
Employee 13 (Central Johannesburg TVET College)	Allegations of refusal to disclose information	Protected disclosure of information	04/05/2018	04/05/2018 Unresolved
Employee 14 (Head Office)	Equal pay for equal value of work	Unfair Discrimination	01/06/2018	01/06/2018 Unresolved
Employee 15 (Coastal TVET College)	Allegations of unfair labour practice related benefits	Unfair Conduct - benefits	10/04/2018	10/04/2018 Settlement agreement reached

Number of Arbitrations	(b) Cause of dispute	(c ) Nature of dispute	(i) Date reported	(ii) Date resolved
Employee 1 (Coastal TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	01/04/2018	01/04/2018 Settlement reached
Employee 2 (Head Office)	Allegation of unfair suspension	Unfair Suspension	03/04/2018	03/04/2018 Settlement reached
Employee 3 (Ikhala TVET College)	Allegations of unfair dismissal	Unfair dismissal	05/04/2018	Pending
Employee 4 (Taletso TVET College)	Allegations of non-renewal of fixed term contract	Fixed term contract	12/04/2018	18/06/2018 Arbitration award in favour of Respondent
Employee 5 (Buffalo City TVET College)	Allegations of unfair dismissal	Unfair dismissal	12/04/2018	Pending
Employee 6 (Eastcape Midlands TVET College)	Allegations of failure to provide conditions of service in terms of Basic Conditions of Employment Act	Provisions of basic conditions of employment act	12/04/2018	Pending
Employee 7 (Ekurhuleni West TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	13/04/2018	Pending
Employee 8 (Letaba TVET College)	Allegations of unfair dismissal	Unfair dismissal	17/04/2018	08/05/2018 Arbitration award in favour of the Department
Employee 9 (Ehlanzeni TVET College)	Allegations of unfair dismissal	Unfair dismissal	19/04/2018	30/05/2018 Arbitration award in favour of the applicant
Employee 10 (Port Elizabeth TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	23/04/2018	30/05/2018 Dispute withdrawn
Employee 11 (South West Gauteng TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	24/04/2018	24/04/2018 Settlement reached
Employee 12 (South West Gauteng TVET College)	Allegations of unfair dismissal	Unfair dismissal	30/04/2018	Pending
Employee 13 (Orbit TVET College)	Allegations of unfair dismissal	Unfair dismissal	02/05/2018	Pending
Employee 14 (Maluti TVET College)	Allegations of unfair suspension	Unfair suspension or disciplinary action	04/05/2018	Pending
Employee 15 (Free State CET)	Allegations of termination of service based on Public Service Act Section 17(3) B	Termination of employment in terms of Public Service Act Section 17(3) b	04/05/2018	04/05/2018 Matter dismissed
Employee 16 (Ingwe TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice: benefits	07/05/2018	07/05/2018 Default award issued against the applicant
Employee 17 (Department of Education)	Allegations of unfair dismissal	Unfair dismissal	08/05/2018	Pending
Employee 18 (Head Office)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	10/05/2018	Pending
Employee 19 (Tshwane South TVET College)	Allegations of unfair dismissal	Unfair dismissal	10/05/2018	Pending
Employee 20 (Ehlanzeni TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	14/05/2018	Pending
Employee 21 (Westcoast TVET College)	Allegations of unfair dismissal	Unfair dismissal	15/05/2018	Pending
Employee 22 (Majuba TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	17/05/2018	Pending
Employee 23 (Tshwane South TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	17/05/2018	Pending
Employee 24 (Lovedale TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	17/05/2018	17/05/2018 Settlement agreement reached
Employee 25 (Tshwane North TVET College)	Allegations of failure to promote	Unfair conduct : promotion	18/05/2018	Pending
Employee 26 (Ekurhuleni West TVET College)	Allegations of failure to promote	Unfair conduct : promotion	18/05/2018	18/05/2018 Matter withdrawn
Employee 27 (Eastcape Midlands TVET College)	Allegations of non-renewal of fixed term contract	Fixed term contract	22/05/2018	Pending
Employee 28 (Mnambithi TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	23/05/2018	Pending
Employee 29 (Maluti TVET College)	Allegations of failure to interpret and apply collective agreement	Interpretation and application of Collective Agreement	22/05/2018	22/05/2018 Settlement agreement reached
Employee 30 (Umfolozi TVET College)	Non-renewal of fixed term contract	Fixed term contract	04/05/2018	Pending
Employee 31 (Port Elizabeth TVET College)	Allegations of unlisted unfair labour practice	Unfair labour practice- other	05/05/2018	Pending
Employee 32 (Majuba TVET College)	Allegations of unfair dismissal based on employers operational requirements	Dismissal based on employers operational requirements	06/06/2018	27/06/2018 Award in favour of applicants
Employee 33 (Majuba TVET College)	Allegations of unfair dismissal	Unfair dismissal	08/06/2018	08/06/2018 Applicant withdraw dispute
Employee 34 (Central Johannesburg TVET College)	Allegations of unfair labour practice related promotion	Unfair labour practice- promotion	19/06/2018	Pending
Employee 35 (Ikhala TVET College)	Allegations of unfair dismissal	Unfair dismissal	20/06/2018	Pending
Employee 36 (South Cape TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	20/06/2018	20/06/2018 Default award against the Department
Employee 37 (Lovedale TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	21/06/2018	Pending
Employee 38 (Tshwane South TVET College)	Allegations of unfair dismissal	Unfair dismissal	21/06/2018	Pending
Employee 39 (Ekurhuleni East TVET College)	Allegations of unfair dismissal	Unfair dismissal	22/06/2018	Pending
Employee 40 (Ikhala TVET College)	Allegations of unfair labour practice related benefits	Unfair labour practice- benefits	25/06/2018	Pending
Employee 41 (Letaba TVET College)	Allegations of unfair dismissal	Unfair dismissal	26/06/2018	Pending

Entities reporting to the Department:

Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA) – 4
Cause of dispute	Nature of dispute	Date of dispute
	Reported	Resolved
Failure to declare personal interest / conflict of interest	Dishonesty and breach of employment conditions.	01/2015	07/2015 Pending - CCMA
Bringing the employer into to disrepute	Violation of code of conduct.	06/2015	04/2016 Pending -Labour Court
Gross insubordination	Abuse of authority and failure to take reasonable instructions.	06/2015	08/2015 Pending - Labour Court
Failure to execute reasonable instruction	Poor work performance, intimidation and failure to execute a reasonable instruction.	04/2018	Pending
Construction Education and Training Authority (CETA) – 9
Cause of dispute	Nature of Dispute	Date dispute
	Reported	(ii) Resolved
Labour Relations matter	Misconducts: Disciplinary Hearing	04/2013	05/2013
Labour Relations matter	Misconducts: Disciplinary Hearing	08/2014	09/2014
Labour Relations matter	Misconducts: Disciplinary Hearing	05/2015	09/2015
Labour Relations matter	Misconducts: Disciplinary Hearing	05/2015	07/2015
Labour Relations matter	Misconducts: Disciplinary Hearing	05/2015	11/2015
Labour Relations matter	Misconducts: Disciplinary Hearing	07/2015	11/2015
Labour Relations matter	Misconducts: Disciplinary Hearing	09/2015	112015
Labour Relations matter	Misconducts: Disciplinary Hearing	01/2016	02/2016
Labour Relations matter	Misconducts: Disciplinary Hearing	10/2013	10/2013

Chemical Industries Education and Training Authority (CHIETA) – 1
Cause of dispute	Nature of Dispute	Date dispute
	Reported	(ii) Resolved
Dereliction of duties	Employee challenging final written warning	03/2018	Pending -CCMA
Education, Training and Development Practices Sector Education and Training Authority (ETDPSETA) – 9
Cause of dispute	Nature of Dispute	Date dispute
	Reported	(ii) Resolved
Dismissal	Unfair dismissal	09/2015	04/2016
Transfer to Another Unit	Alleged unfair demotion	05/2016	07/2018
Non Signing of Internship Agreement	Constructive dismissal	10/2016	09/2017
Non-Renewal of Internship Agreement	Unfair dismissal	01/2017	05/2017
Non-Payment of Performance Bonus	Unfair labour practice (Bonus)	10/2017	11/2017
Acceptance of Repudiation of Contract	Constructive dismissal	11/2018	01/2018
Non-Payment of Performance Bonus	Unfair labour practice (Bonus)	11/2018	02/2018
Acceptance of repudiation of Contract	Constructive dismissal	01/2018	06/2018
Non-Signing of Internship Agreement	Unfair labour practice	08/2018	Pending
Energy and Water Sector Education and Training Authority (EWSETA) – 1
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
13^th Cheque	Protected Strike	11/2016	03/2017
Finance and Accounting Services Sector Education and Training Authority (FASSET) – 3
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
Failure to adhere to SCM policies and	Failure to adhere to SCM policy, non-adherence to recruitment and selection policy	01/2018	08/2018.
Withdrawal of incorrect appointment	Withdrawal of job offer	02/2018	Pending -CCMA.
Poor performance and misrepresentation of information	Poor performance, failure to meet crucial deadline.	08/2018	Pending
Food and Beverage Manufacturing Industry Sector Education and Training Authority (FOODBEV) – 4
Cause of dispute	Nature of Dispute	Date dispute
	Reported	Resolved
Misconduct	Unfair dismissal	12/2014	04/2016
Misconduct	Unfair dismissal	08/2017	06/2018
Misconduct	Unfair dismissal	11/2014	Pending -Labour Court
Retrenchment	Unfair dismissal	11/2017	Pending - CCMA
Health and Welfare Sector Education and Training Authority (HWSETA) – 1
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
Employee was unsuccessful in the interview	Unfair Labour Practise	03/2017	08/2017
Media, Information and Communication Technologies Sector Education and Training Authority (MICT) – 4
Cause of dispute	Nature of Dispute	Date dispute
	Reported	(ii) Resolved
Non-renewal of fixed-term contract	Unfair dismissal	04/2018	Pending - CCMA
Change in retirement age	Unfair labour practice	10/2016	Pending - Labour Court
Misconduct	Unfair dismissal	04/2013	Pending - Labour Court
Misconduct	Unfair dismissal		03/2018
Mining Qualifications Authority (MQA) – 2
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
Dismissal	Challenging fairness of his dismissal	06/2017	Pending - CCMA
Dismissal	Challenging fairness of her dismissal	07/2018	Pending - CCMA

Safety and Security Sector Education and Training Authority (SASSETA) – 2
Cause of dispute	Nature of Dispute	Date dispute
	(i)Reported	(ii) Resolved
Refusal to accept job placement	Unfair labour practice	06/2018	Pending
Dissatisfaction with the procedure and substance of the disciplinary hearing proceedings leading to dismissal	Unfair dismissal	08/2018	Pending
Services Sector Education and Training Authority (Services SETA) – 1
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
Interpretation of Labour Law	NEHAWU unhappiness with implementation of organisational realignment decision	10/2017	Pending
Wholesale and Retail Sector Education and Training Authority (W&RSETA) – 1 labour dispute
Cause of dispute	Nature of Dispute	Date dispute
	(i) Reported	(ii) Resolved
Unfair labour practice	Non-shortlist	03/2018	Pending - CCMA
Quality Council for Trades and Occupations (QCTO) – 1
Cause of dispute	Nature of Dispute	Date of dispute
	Reported	(ii) Resolved
Alleged acts of gross misconduct	Misrepresentation of financial disclosure and Performing extra work/private work for own benefit, during the employer’s working hours without the permission of the employer.	07/2018	Pending (Employee is on suspension, investigations are in progress)

National Institute for Humanities and Social Sciences (NIHSS) = 5 labour dispute
(1)(b) Cause of dispute	(1)(c) Nature of dispute	(1)(d) Date of dispute
		(d)(i) Reported	(d)(ii) Resolved
Grievance lodged against the Chief Executive Officer (CEO) by BRICS Programme Coordinator for alleged bullying, harassment, victimisation, intimidation, discrimination and bullying	11/2017	Pending, independent investigative report to be tabled to the NIHSS board for final decision making
Grievance lodged against the Acting BRICS/Research Director by the BRICS Programme Coordinator for alleged harassment, bullying, badgering, victimisation and intimidation	11/2017	Pending, independent investigative report to be tabled to the NIHSS board for final decision making
Grievance lodged against the Acting BRICS/Research Director by the BRICS Programme Coordinator for alleged harassment, bullying, badgering, victimisation and intimidation	11/2017	Pending, independent investigative report to be tabled to the NIHSS board for final decision making
Commission for Conciliation, Mediation and Arbitration (CCMA) arbitration lodged by APSA trade union obo Programme Administrator against Senior Human Resource (HR) Manager and Acting Director, BRICS/Research for unfair labour practice	07/2018	Pending, awaiting date of hearing at CCMA
CCMA arbitration lodged by APSA trade union obo Senior Administrator against Senior HR Manager and Chief Financial Officer for unfair labour practice	08/ 2018	Pending, awaiting date of hearing at CCMA
CCMA Arbitration lodged by APSA Trade Union against NIHSS for alleged infringement of organisational rights	08/2018	Pending, awaiting date of hearing at CCMA
South African Qualifications Authority (SAQA) = 3 labour disputes
(1)(b) Cause of dispute	(1)(c) Nature of dispute	(1)(d) Date of dispute
		Reported	Resolved
Dismissal after failing to make probation after the probation period was extended	Labour Court	10/2015	SAQA is waiting for judgement after the matter was heard on 16 August 2018
Fraud / deliberately supplying incorrect or falsified information and Committing an act which undermines the financial management and internal control system of the organisation	Disciplinary hearing	08/2018	Set for hearing on 29 August 2018
Dissatisfaction with performance review outcomes	Grievance	08/2018	Pending

(a) (i) Total number of employees who were dismissed by the Department in the past five years is 35. The table below provide a breakdown of employees dismissed:

Number of employees dismissed from 01 January 2018 to 30 June 2018 = 11	Reason for dismissal for each employee
Employee 1 (National Skills Fund)	Collusion
Employee 2 (Ikhala TVET College)	Gross insurbordination
Employee 3 (Buffalo City TVET College)	Abuse of sick leave
Employee 4 (Tshwane South TVET College)	Causing prejudice to the administration of the College
Employee 5 (Mthashana TVET College)	Failure to comply with the rules or regulations
Employee 6 (False Bay TVET College)	Unauthorised absence, poor time keeping and neglignce
Employee 7 (Motheo TVET College)	Gross insubordination, gross negligence and bringing the Collleg name and image of the into disrepute
Employee 8 (False Bay TVET College)	Gross negligence, contravenining of cash management policy, bringing the name and image of the college into disrepute and contravenining staff code of conduct policy
Employee 9 (Ikhala TVET College)	Racism
Employee 10 (False Bay TVET College)	Gross insurbordination and dereliction of duty
Employee 11 (Motheo TVET College)	Gross insurbordination or dereliction of duty
Number of employees dismissed from 01 January 2017 to December 2017 = 7	Reason for dismissal for each employee
Employee 1 (South West TVET College)	Abscondment
Employee 2 (Westcoast TVET College)	Assault
Employee 3 (Northern Cape Rural TVET College)	Abscondment
Employee 4 (Northern Cape Rural TVET College)	Abscondment
Employee 5 (Northern Cape Rural TVET College)	Abscondment
Employee 6 (Goldfields TVET College)	Racism
Employee 7 (Motheo TVET College)	Wilful mismangement of funds

Number of employees dismissed from 01 January 2016 to December 2016 = 12	Reason for dismissal for each employee
Employee 1 (South West TVET College)	Poor performance other than incapacity
Employee 2 (Head Office)	Gross dishonesty, threatening of a superior and insubordination
Employee 3 (Tshwane South TVET College)	Theft
Employee 4 (Taletso TVET College)	Theft
Employee 5 (Ehlanzeni TVET College)	Corruption
Employee 6 (Northlink TVET College)	Fraud
Employee 7 (Umfolozi TVET College)	Abuse of college vehicle
Employee 8 (Ehlanzeni TVET College)	Abscondment
Employee 9 (Western TVET College)	Racism
Employee 10 (Taletso TVET College)	Abscondment
Employee 11 (Tshwane South TVET College)	Gross dishonesty
Employee 12 (Ingwe TVET College)	Mismanagement of funds

Number of employees dismissed from 01 January 2015 to December 2015 = 5	Reason for dismissal for each employee
Employee 1 (Westcoast TVET College)	Gross insurbordination
Employee 2 (South West Gauteng TVET College)	Gross dishonesty
Employee 3 (Ehlanzeni TVET College)	Abscondment
Employee 4 (Motheo TVET College)	Procurement irregularities and fraud
Employee 5 (Lovedale TVET College)	Collecting money from students without authority
Total	5

*Number of employees dismissed from 01 January 2014 to 30 December 2014 = Employees not yet migrated to the Department, no figures available.

Source file

RNW2317-180910.docx

10 September 2018 - NW2317

Nolutshungu, Ms N to ask the Minister of Higher Education and Training

Reply:

Source file

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