Question NW2317 to the Minister of Higher Education and Training
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;
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College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 18/04/2018 | 18/04/2018 Withdrawn |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College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 24/05/2018 | 24/05/2018 Withdrawn by the Applicant |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and benefits | Unfair Conduct - promotion, demotion, training, probation and benefits | 31/05/2018 | 31/05/2018 Withdrawn by the Applicant |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 | |||
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| Dishonesty and breach of employment conditions. | 01/2015 | 07/2015 Pending - CCMA |
| Violation of code of conduct. | 06/2015 | 04/2016 Pending -Labour Court |
| Abuse of authority and failure to take reasonable instructions. | 06/2015 | 08/2015 Pending - Labour Court |
| Poor work performance, intimidation and failure to execute a reasonable instruction. | 04/2018 | Pending |
Construction Education and Training Authority (CETA) – 9 | |||
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| (ii) Resolved | ||
| Misconducts: Disciplinary Hearing | 04/2013 | 05/2013 |
| Misconducts: Disciplinary Hearing | 08/2014 | 09/2014 |
| Misconducts: Disciplinary Hearing | 05/2015 | 09/2015 |
| Misconducts: Disciplinary Hearing | 05/2015 | 07/2015 |
| Misconducts: Disciplinary Hearing | 05/2015 | 11/2015 |
| Misconducts: Disciplinary Hearing | 07/2015 | 11/2015 |
| Misconducts: Disciplinary Hearing | 09/2015 | 112015 |
| Misconducts: Disciplinary Hearing | 01/2016 | 02/2016 |
| Misconducts: Disciplinary Hearing | 10/2013 | 10/2013 |
Chemical Industries Education and Training Authority (CHIETA) – 1 | |||
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| (ii) Resolved | ||
| Employee challenging final written warning | 03/2018 | Pending -CCMA |
Education, Training and Development Practices Sector Education and Training Authority (ETDPSETA) – 9 | |||
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| |
| (ii) Resolved | ||
| Unfair dismissal | 09/2015 | 04/2016 |
| Alleged unfair demotion | 05/2016 | 07/2018 |
| Constructive dismissal | 10/2016 | 09/2017 |
| Unfair dismissal | 01/2017 | 05/2017 |
| Unfair labour practice (Bonus) | 10/2017 | 11/2017 |
| Constructive dismissal | 11/2018 | 01/2018 |
| Unfair labour practice (Bonus) | 11/2018 | 02/2018 |
| Constructive dismissal | 01/2018 | 06/2018 |
| Unfair labour practice | 08/2018 | Pending |
Energy and Water Sector Education and Training Authority (EWSETA) – 1 | |||
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(i) Reported | (ii) Resolved | ||
| Protected Strike | 11/2016 | 03/2017 |
Finance and Accounting Services Sector Education and Training Authority (FASSET) – 3 | |||
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(i) Reported | (ii) Resolved | ||
| Failure to adhere to SCM policy, non-adherence to recruitment and selection policy | 01/2018 | 08/2018. |
| Withdrawal of job offer | 02/2018 | Pending -CCMA. |
| Poor performance, failure to meet crucial deadline. | 08/2018 | Pending |
Food and Beverage Manufacturing Industry Sector Education and Training Authority | |||
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| Unfair dismissal | 12/2014 | 04/2016 |
| Unfair dismissal | 08/2017 | 06/2018 |
| Unfair dismissal | 11/2014 | Pending -Labour Court |
| Unfair dismissal | 11/2017 | Pending - CCMA |
Health and Welfare Sector Education and Training Authority (HWSETA) – 1 | |||
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(i) Reported | (ii) Resolved | ||
| Unfair Labour Practise | 03/2017 | 08/2017 |
Media, Information and Communication Technologies Sector Education and Training Authority (MICT) – 4 | |||
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| (ii) Resolved | ||
| Unfair dismissal | 04/2018 | Pending - CCMA |
| Unfair labour practice | 10/2016 | Pending - Labour Court |
| Unfair dismissal | 04/2013 | Pending - Labour Court |
| Unfair dismissal | 03/2018 | |
Mining Qualifications Authority (MQA) – 2 | |||
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(i) Reported | (ii) Resolved | ||
| Challenging fairness of his dismissal | 06/2017 | Pending - CCMA |
| Challenging fairness of her dismissal | 07/2018 | Pending - CCMA |
Safety and Security Sector Education and Training Authority (SASSETA) – 2 | |||
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(i)Reported | (ii) Resolved | ||
| Unfair labour practice | 06/2018 | Pending |
| Unfair dismissal | 08/2018 | Pending |
Services Sector Education and Training Authority (Services SETA) – 1 | |||
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(i) Reported | (ii) Resolved | ||
| NEHAWU unhappiness with implementation of organisational realignment decision | 10/2017 | Pending |
Wholesale and Retail Sector Education and Training Authority (W&RSETA) – 1 labour dispute | |||
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(i) Reported | (ii) Resolved | ||
| Non-shortlist | 03/2018 | Pending - CCMA |
Quality Council for Trades and Occupations (QCTO) – 1 | |||
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Reported | (ii) Resolved | ||
| 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 | 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 | 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 | 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 | 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.