Questions & Replies: Labour
2012-12-31
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Reply received: December 2012
QUESTION 3363
3363. Mr. A P van der Westhuizen (DA) to ask the Minister of Labour:
Whether, with reference to her response to question 2831 on 6 November 2012, regarding sectoral determinations (details furnished), her department has conducted a study about the reasons for the sharp decline in employment figures in the farm worker sector; if not, what is the position in this regard; if so, what were the findings? NW4262E
Minister of Labour replied:
The Employment Conditions Commission in its report with recommendations to me indicated that the reduction in employment in the farming sector can be attributed to two factors.
Firstly that there was a decrease in net farm income mainly as a result of an increase of 12, 8% in expenditure on intermediate goods and services which had a negative impact on the cash flow of farmers.
Secondly, the negative contribution by field crops which came as a result of the flooding experienced in January and February 2011.
Reply received: December 2012
QUESTION 3224
3224. Mr S Motau (DA) to ask the Minister of Labour:
(1) Whether she has found that the relationship of the Commission for Conciliation, Mediation and Arbitration (CCMA) and the trade unions has become inadequate, as referred to in a certain article (copy furnished) by a certain person (name furnished); if not, what is the position in this regard; if so,
(2) whether she intends taking any steps to restore the credibility of (a) her department and (b) the CCMA; if not, why not; if so, (i) what steps and (ii) what are the relevant details?
Minister of Labour replied:
(1) There are many opinion pieces that people and commentators have written about the Marikana incident. The one the honorable Mr Motau refers to is not an exception. It is incorrect for the hounourable member to make someone's opinion a statement of fact and expect me as the Minister of Labour to take steps on such basis.
(2) I guess the Honourable Mr Motau clearly understands the simple fact that for one to intervene as the honourable member suggest, one has to have facts and not decide on the basis of what appears in press opinion pages. South Africa is a democratic country and people are free to voice their opinions, but without facts, there is no justification why the Department or I, must do something about it.
I must add that the mandate of the CCMA is to resolve labour market disputes between employers and employees which is what the CCMA is currently doing. I do not have any reason to believe that the CCMA breaches this mandates and therefore, there is nothing that require me to intervene.
Reply received: December 2012
QUESTION 3223
3223. Mr S C Motau (DA) to ask the Minister of Labour:
(1) Whether progress has been made with the co-drafting of a new dispensation for the platinum industry which was launched by her recently (details furnished); if not, why not; if so;
a) what progress,
b) how long is the process expected to take,
c) when will she receive the results,
d) what does she hope to achieve with the intervention,
e) how will she ensure that the agreements reached are implemented and,
f) who will monitor (i) implementation and (ii) report the results?
Minister of Labour replied:
a) The main parties in the Platinum sector have held a number of meetings to fashion a collective bargaining model for the sector. Paramount in the engagements is to secure long term Industrial Relations stability in the sector. The reports that I have been getting to date indicate that parties are indeed making some progress.
b) Given that parties must reach consensus on the modalities of the new collective bargaining arrangements, the process will unavoidably require adequate time and for this reason it will be extremely difficult to give a definite end point at this stage. However, I can safely say that ideally, it is expected that the exercise will be finalised before the next round of negotiations starts.
c) The very fact that the parties recognise the need to review the collective bargaining arrangements in the sector is, in itself, a major achievement and parties must be encouraged to continue with their efforts in this regard.
d) The Department of Labour is hoping that the engagement process between the parties will lay the basis for a sound and stable labour relations environment in the sector.
e) Bearing in mind that this effort is voluntary hence some degree of self-regulation perimeters will be expected as part of governance. It is expected therefore that parties will factor into the founding principles provisions to ensure compliance and enforcement.
f) Monitoring and reporting provisions will be part of the new collective bargaining architecture.
Reply received: December 2012
QUESTION 3207
3207. Mr. N Singh (IFP) to ask the Minister of Labour:
1. Whether she has been informed of the Labour offices in Park Rynie, KwaZulu Natal, that (a) does not operate on a daily basis, (b) does not have electricity, (c) do not have ablution facilities for use by their clients If so, what collective action is being / will be taken as a matter of urgency
Minister of Labour Response:
(1)(a) I have been advised that the office Park Rynie is an allocated space by the Department of Cooperative and Governance and Traditional Affairs that we use as a visiting point and it operates on Tuesdays and Fridays from 08h30 to 12h30. This visiting point is used by officials from Port Shepstone Labour Centre to service clients of the department.
(b) Park Rynie does not have electricity and water supply for ablution facilities as these were disconnected by the Municipality when the Department of Cooperative and Governance and Traditional Affairs vacated this premises.
(c) The Department of Labour has approached the Department of Public Works to explore the possibility of transferring this account from COGTA to the Department of Labour so as to persuade the Municipality to re-connect electricity and water supply to the premises. The Public Works was also requested to explore alternative premises that the Department of Labour can use as a visiting point in case the transfer of the account is not possible.
Reply received: December 2012
QUESTION 3177
3177. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:
(1) How many workseekers were (a) registered on the database of the Department of Labour and (b) placed in (i) permanent and (ii) temporary employment in the (aa) 2009-10, (bb) 2010-11 and (cc) 2011-12 financial years;
(2) what (a) are the details of initiatives that are being used to encourage employers to make use of the Employment Services of South Africa (ESSA) database and (b) is the percentage of workseekers' information on the database that was captured via the Internet, visits to labour centres and job fairs? NW4017E
Minister of Labour Response:
1 (a & b) The information requested is contained in the annual reports of the Department of Labour that were tabled in Parliament in 2009/10; 2010/11 and 2011/12.
2. (a) The Department has conducted one on one and breakfast sessions with employers on vacancy registration and recruitment from ESSA. Electronic and print media were also used to popularize ESSA.
(b) The online service was only brought into operation during June 2012 and therefore not applicable until end of 2011/12.
Reply received: December 2012
QUESTION 3176
3176. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:
(1) What (a) are the details of the job fairs that have been organised by her department, (b) were the costs of each of these fairs and (c) services were offered at the job fairs in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years;
(2) how many (a) people have visited these job fairs and (b) workseekers have been added to the Employment Services of South Africa (ESSA) database? NW4016E
Minister of Labour reply:
1a, b, c The Department did not conduct job fairs in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years;
2 a No figures as there were no job fairs in that period
Reply received: December 2012
QUESTION 3129
3129. Mr D A Kganare (Cope) to ask the Minister of Labour:
(1) (a) How many employers have failed to abide by employment equity in the (i) 2007-08, (ii) 2008-09, (iii) 2009-10, (iv) 2010-11 and (iv) 2011-12 financial years and (b) what steps were taken against the specified employers;
Minister of Labour replied:
(1)(a) It is important to first highlight that the purpose of the Employment Equity Act, 1998 (the Act), which is to eliminate unfair discrimination in the workplace; and to implement affirmative action measures in order to promote the equitable representation of the designated groups (i.e. Black people, women and people with disabilities) in the workplace.
Flowing from the above objectives, it is critical to outline how employers are required to comply with this Act as prescribed under each of the two chapters inline with these objectives. On one hand, Chapter 2 of the Act applies to all employers irrespective of the or size of the organization in relation to the number of employees they employ or annual turnover; and deals with the elimination of unfair discrimination in the workplace based on any of the prohibited grounds, e.g. race, colour, gender, HIV status, etc. Any unfair discrimination disputes arising in the workplace are referred to the Commission for Conciliation, Mediation and Arbitration through conciliation, but adjudication is handled by the Labour Court.
On the other hand, Chapter 3 deals with the implementation of affirmative action measures to address the imbalances of the past, but it is applicable only to the designated employers.
"Designated employer" means- (a) an employer who employs 50 or more employees; and (b) employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 to the Act. Therefore, these designated employers are required in terms of section 21 of the Act to develop and implement Employment Equity Plans and thereafter, submit employment equity reports to the department on the progress made in the implementation of their EE Plans. The large designated employers (i.e. those employing 150 and more employees) are required to submit EE Reports annually and the small designated employers (i.e. those employing less than 150 employees) must submit every second year.
Therefore, in view of above definition of designated employers, the total number employers who have not complied varies over the financial years under the different provisions of this Act as the requirements are significantly different. The following table outlines the number of employers that complied with the reporting requirements of section 21 of the Act and those that failed to comply over the stipulated financial years as published in the 8th, 9th, 10th and 11th Commission for Employment Equity (CEE)'s Annual Reports:
| Financial years | The type of designated employers required to submit EE reports | Number of employers that submitted EE reports | Number of employers that complied with EE reporting requirements | Number of employers that failed to comply with EE reporting requirements |
| 2007 - 08 | Large employers | 2 858 | 1 493 | 1 365 |
| 2008 - 09 | Both large and small employers | 10 580 | 7 229 | 3 351 |
| 2009 - 10 | Large employers | 3 695 | 3 369 | 326 |
| 2010 - 11 | Both large and small | 18 534 | 16 698 | 1 836 |
| 2011 – 12 | Large employers | 4 492 | 4 370 | 122 |
Furthermore, as employee numbers or turnover in Rand terms move above and below the outlined thresholds, which may affect the designated status of an employer, the total population employers required to comply with various provisions will continue to change, hence making it a moving target.
(b) In order to promote compliance with the Employment Equity Act, my Department conducts Director General Reviews (DG Reviews) to assess the compliance levels of designated employers with the requirements of the Act. Since the introduction of DG Reviews in 2006, over 260 companies listed on the Johannesburg Securities Exchange have been reviewed. After the review, the Director General issued recommendations to employers that were accompanied by time schedules for delivery. Failure to comply with the recommendations may result in the employer being referred to the Labour Court by the Director General.
Furthermore, the Department also engages in workplace inspections. Where there is non compliance with any provisions of the Act, a Written Undertaking from an employer is secured; or a Compliance order is issued outlining the contravention and timeframes within which the employer must comply.
We also believe that the proposed amendments to the legislation for the purpose of strengthening the compliance and enforcement mechanisms in the Act will make it much easier for the Department to refer non-complying employers to the Labour Court, which will further motivate employers to comply.
(2) whether the employment equity legislation is achieving its objectives; if not, what is the position in this regard; if so, what are the relevant details? NW3961E
Minister of Labour replied:
It is worth noting that the implementation of the employment equity legislation have not yet achieved or met expectations, but is most certainly moving towards achieving its objectives, although very slowly. We now noticed some progress, although small in number, an increase in the representation of the designated groups (i.e. black people and women) in the middle-to-upper levels in key positions in business, government and other organizations. This would have not been possible where it not for legislation like the Employment Equity Act.
I believe that if all work together as social partners, i.e. organized business, organized labour, government and community constituencies in putting equal effort to transform our workplaces, more can be achieved in realizing the objectives of this Act.
Reply received: December 2012
QUESTION 3115
3115. Mr S Z Ntapane (UDM) to ask the Minister of Labour:
Whether her department has taken any action against clothing factories in Newcastle, KwaZulu-Natal, for failure to comply with minimum wage legislation; if not, why not; if so, what (a) steps and (b) are the further relevant details? NW3940E
Response by Minister of Labour:
1. Yes,
(a) The Department co coordinated a Joint Inspections, inviting Home Affairs to focus on Immigrants without work permits, SAPS for the arrests of Illegal Immigrants, Textile Bargaining Council to focus on minimum wages and other conditions of employment which there are administering.
(b) 14 Companies were identified by COSATU and 16 followed as a Local Blitz Inspections whereby all 31 companies were found in none compliance with:
Payment of minimum wages whereby the Bargaining Council was following up on the Compliance Orders which were already served and some companies were pending to be served with writs of execution by the Sherriff.
31 Contravention Notices were issued on none compliance with OHS and follow ups were conducted there after whereby the employers were found in compliance.
5 Undertakings were secured with designated employers to comply with Employment Equity administrative requirements and of which employers complied after follow ups.
Employers that failed to declare all workers to the UIF were assisted to complete relevant forms for compliance
Reply received: December 2012
QUESTION 3040
3040. Adv A de W Alberts (FF Plus) to ask the Minister of Labour:
Whether the policy of affirmative action is a permanent feature of the constitutional democracy; if not, what will the relevant details regarding the eventual abolition of affirmative action by way of (a) a sunset clause or (b) any other mechanism be; if so, what are the (i) moral and (ii) philosophical grounds for this approach? NW3855E
Minister of Labour replied:
(a) First, it is critical to remind ourselves that "Section 9(2) of the Constitution of South Africa states that: "Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination may be taken".
Therefore, to give effect to this Constitutional provision, the Employment Equity Act (the Act) was enacted in 1998 with the view of eliminating unfair discrimination and the implementation of affirmative action measures to ensure the equitable representation of the designated groups (i.e. Black people, women and people with disabilities) at all occupational levels in the workplace. Affirmative Action is one of the key pillars of the Act to address the socio-economic imbalances that have arisen from our historical past and to bring about diversity in the workplace in terms of race, gender, including people with disability.
Whether affirmative action will be a permanent feature of the constitutional democracy is mainly dependent on the action taken by those with the economic power to bring about change and transformation in their workplaces by creating working environments that are free from unfair discrimination and filled with equal opportunities for all irrespective of race, gender, disability, marital status, etc. As long as our workplaces remains as unequal as it is now, that is how long it will take to remove affirmative action from our national agenda.
(b) In view of slow progress of transformation in our South African labour market and the fact that Affirmative Action has not been implemented to the full satisfaction of Section 9(2) of the Constitution, I do not see the need for a sunset clause, but rather a room for strengthening the compliance and enforcement mechanisms of this Act in order to expedite transformation and address the imbalances of the past.
Reply received: December 2012
QUESTION 3039
3039. Adv A de W Alberts (FF Plus) to ask the Minister of Labour:
(1) Whether she has been informed about the issue of long distance truck drivers who work long hours but are only given 24 to 48 hours off between journeys; if so, what is the position in this regard; if not,
(2) whether she intends to call for an investigation into (a) this labour practice and (b) the socio-economic impact of the specified labour practice on the (i) workers and (ii) broader economy; if not, why not; if so, what are the relevant details? NW3854E
Minister of Labour replied:
1. Honourable Adv Alberts, there is Road Freight Bargaining Councils that regulates the industry. Parties in the industry have concluded collective agreements that stipulate conditions of employment for the road freight industry. Furthermore, the Labour Relations Act empowers bargaining councils to enforce their collective agreements. Any complaints regarding conditions of employment or wages in the industry, usually such complains are referred and investigated by the bargaining council and not the Department of Labour.
2. I do not intend to call for an investigation on this matter as the Bargaining Council in competent to deal with these matters.
Reply received: December 2012
QUESTION 2999
2999. Dr P J Rabie (DA) to ask the Minister of Labour:
Whether the accounting officer submitted the annual financial statements for the financial year ending 31 March 2012 to her by 31 August 2012; if not, (a) why not and (b) on what date (i) were the statements submitted to her and (ii) did she submit the annual report and financial statements to Parliament?
The Minister of Labour replied:
1. As issued by the Office of the Accountant-General, indicating that the Annual Report was to be submitted to the EA on 31 August 2012, on the same date that it was to be tabled into Parliament. (Pgs. 5 & 6).
2. As required, the audited Annual Financial Statements were signed off by the Accounting Officer on 31 July 2012, and provided for inclusion into the annual report.
3. The Annual Report was tabled in Parliament on 31 August 2012, as per The Public Finance Management Act (PFMA) guidelines.
Reply received: December 2012
QUESTION 2988
2988. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:
(1) Whether all labour inspectors are in possession of a valid driving licence; if not, how many do not have valid licences; if so, what are the relevant details;
(2) Whether any assistance is given to labour inspectors to obtain and/or renew their driving licences when they expire; if not, why not; if so, what are the relevant details? NW3753E
Written replies by the Minister of Labour replies
(1) The policy of the department of Labour in appointing inspectors includes a requirement that they must have a valid driver's licence. The majority of inspectors therefore do have a valid drivers licence. The status of driver licences amongst inspectors is set out hereunder
1. Western Cape: 122 inspectors have valid driving licences.
2. North West: All inspectors have a driver's license.
3. Eastern Cape: 133 inspectors do have valid licences; 2 inspectors do not have valid licences and one (1) does have but cannot drive due to illness
4. Northern Cape: 43 inspectors do have valid licenses
5. Free State: 107 inspectors with driver's licence and 1 inspector without (was transferred from Admin Support).
6. Limpopo: 108 Inspectors with drivers licence
7. Mpumalanga: 96 Inspectors with driver's licence and 1 inspector without
8. Gauteng: 281 inspectors have drivers licences
9. KwaZuluNatal 260 Inspectors have drivers licence
(2) Assistance is available to inspectors and others in the Department who qualify. A certain amount of money in the budget is allocated to allow staff who does not have a valid licence to join a driving school in order to obtain such.
The Department will pay for the following which could all be included in the fee paid to the driving school::
1. Transport to book learners
2. Learner's licence booking fee and collection fee
3. Transport to book driving test
4. Driving lessons
5. Transport to go to the testing ground
6. Testing Car
7. Licence collection fee
NOTE:
If A STAFF MEMBER FAILS TO HIS/HER DIVING TEST THEN THE STAFF MEMBER WILL BE RQUIRED TO PAY THE REBOOKING FEE.
Reply received: December 2012
QUESTION 2936
2936. Mr. D A Kganare (Cope) to ask the Minister of Labour:
(1) What are the labour law (a) reforms envisaged by her in the wake of the Marikana labour strikes and (b) details in the re-incentivising of industrial relations;
(2) whether the National Economic Development and Labour Council (Nedlac) deliberations have been propelled by the Marikana labour strikes; if not, what is the position in this regard; if so, what are the relevant details? NW3602E
Minister of Labour replied:
(1) I believe that the Honourable is aware and understand that Marikana labour strikes were industrial actions where people acted outside the framework provided for by our legislation and that does not warrant any labour law reforms. The Department has just embarked on a long process of labour law amendments. Therefore, we do not envisage any legislative changes soon.
(2) The honourable member must be well advised that the National Economic Development and Labour Council (NEDLAC) was not propelled by Marikana Labour Strikes to deliberate on the Marikana events. There are other processes like the commission of enquiry that is dealing with the Marikana accident and such processes must be respected and be given a chance to complete their work without any parallel processes.
Reply received: December 2012
QUESTION 2935
2935. Mr D A Kganare (Cope) to ask the Minister of Labour:
(1) Whether she intends setting up a commission similar to the Wiehahn Commission of 1979; if not, why not; if so, what are the relevant details;
(2) whether her department intends making short- to medium-term recommendations to industry on (a) the relationship between collective bargaining and workplace forums, (b) the problems of over-centralisation in the collective bargaining system and unions, (c) revisiting the (i) unfair dismissal law and the (ii) Commission for Conciliation, Mediation and Arbitration and (d) the absolute rule that only minimum wages can be fixed at centralised level, allowing the market to play itself out at enterprise level; if not, what is the position in this regard; if so, what are the relevant details? NW3583E
Minister of Labour replied:
1. I do not intent to set up any commission. I am not sure what according to the honourable member will necessitate a Commission of such nature.
2. I am not sure what the member is saying when he refers to the relationship between collective bargaining and workplace forums. As we speak, our labour relations regime provides for orderly collective bargaining. It further provides for workplace forums where parties can engage each other on workplace issues. We are in constant engagement with our social partners to strengthen and beef-up the collective bargaining system.
The whole issue of over centralization of collective bargaining is only a fallacy. Only 20% of workers in this country are covered by centralized collective bargaining. 80% of workers' wages and conditions of employment are determined outside centralized collective bargaining.
My Department has tabled in Parliament amendments to the Labour Relations Act dealing with unfair labour practices and strengthening of the functions of the Commission for Conciliation, Mediation and Arbitration I would encourage the honourable member to read those amendments and make any recommendation to the relevant Parliamentary committee.
There is no such rule that says only minimum wages can be fixed at centralized level as the honourable member alleges. The honourable Kganare should know better that wages in the collective bargaining system are determined by parties themselves.
Reply received: December 2012
QUESTION 2886
2886. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:
(1) With reference to her reply to question 2033 on 23 August 2012, (a) why did one of the senior officials of her department not comply with the regulation since 2004 and (b) what position does this official hold in her department;
(2) whether the other two officials who were found to be not compliant have applied since 31 March 2012; if not, in each case, (a) why not, (b) what position do these officials hold and (c) what are their names; if so, when did they submit their applications in each case? NW3562E
Minister's reply:
1. (A) Vetting was not enforced in 2004 due to the fact that the Department did not have a security manager.
(b) The official is a Director and had since complied. The application is with SSA for processing.
2 (a) The two officials have since complied and the applications are with SSA for processing,
(b)…..both applications were forwarded to SSA on 17 October 2012.
Reply received: December 2012
QUESTION 2886
2886. Mr. A P van der Westhuizen (DA) to ask the Minister of Labour:
Whether, with reference to her response to question 2831 on 6 November 2012, regarding sectoral determinations (details furnished), her department has conducted a study about the reasons for the sharp decline in employment figures in the farm worker sector; if not, what is the position in this regard; if so, what were the findings? NW4262E
Minister of Labour replied:
The Employment Conditions Commission in its report with recommendations to me indicated that the reduction in employment in the farming sector can be attributed to two factors.
Firstly that there was a decrease in net farm income mainly as a result of an increase of 12, 8% in expenditure on intermediate goods and services which had a negative impact on the cash flow of farmers.
Secondly, the negative contribution by field crops which came as a result of the flooding experienced in January and February 2011.
Reply received: December 2012
QUESTION 2730
2730. Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether her department has put any measures in place to (a) reach employment equity targets and (b) mitigate against possible (i) resistance from employers and (ii) race wars; if not, why not; if so, what (aa) measures and (bb) are the further relevant details? NW3247E
Minister of Labour replied:
(a) Yes, the department is continuing to put measures in place through various interventions such as employment equity inspections and Director-General reviews that are being conducted to assess if employers are complying with the requirements of the Employment Equity Act.
It is important to highlight that during these processes, employers are checked whether they have Employment Equity Plans with employment equity targets that will transform their workplaces. If there are plans, it is checked if those plans are being implemented. If there is no compliance with the requirements of the Employment Equity Act there are steps that the Department follows in terms of the law to enforce compliance.
(b) Furthermore, through the proposed amendments to the Employment Equity Act, the enforcement mechanisms of the Act are being strengthened to simplify and expedite the enforcement processes of the Act.
(i) We hope and believe that the proposed amendments to the Act will strengthen the enforcement mechanisms and the increasing penalties will force the employers to comply. As a result we do not foresee any resistance from employers to comply with the requirements of the Act.
(ii) Further, we also do not foresee any race wars because all social partners, i.e organised business, organised labour, government and the community constituency must work together to promote equity in the labour market and society as a whole to give effect to the fundamental human rights outlined in the Constitution.
Reply received: December 2012
QUESTION 2727
2727. Question: Mr D Kganare (COPE) to ask the Minister of Labour
1. Whether her department has developed any measures to deal with racism at workplace? If no, why not? If so, what are the details?
2. Is there any assistance offered by her department to unionised or non-unionised workers who falls victim to racism at work? If not, why not? If so, what are the details?
MINISTER OF LABOUR'S REPLIED :
(1) Yes, there are developments to deal with racism at the workplace because this is part of my department's mandate to fully implement the Employment Equity Act and achieve its objectives which, includes the elimination of unfair discrimination in workplaces or employment policy or practice based on one or more grounds, including race, gender, disability, religion, marital status, sexual orientation, etc or on any arbitrary ground.
In fact, in order to ensure that we increase accessibility to justice to most vulnerable groups of our population in dealing not only with racism in the workplace, but with all other cases of unfair discrimination, my department has put measures in place through the proposed amendments to the Employment Equity Act to empower the Commission for Conciliation, Mediation and Arbitration (CCMA) to not only conciliate on unfair discrimination cases, but to arbitrate as well. This amendment of the law will assist in ensuring that discrimination cases are handled expeditiously without any burden of having to worry about legal costs, which most workers cannot afford anyway. We believe that this measure will assist in providing the majority of workers with equal access to justice as far as cases of unfair discrimination are concerned.
(2) Yes, the department do offer assistance to all workers irrespective of whether they are unionised or not in dealing with their unfair discrimination cases as a whole and not only those based on racism. This assistance, include amongst others, advising or educating workers in relation to their rights in terms of the law and also on the procedures to be followed in referring their unfair discrimination cases to appropriate dispute resolution institutions like the CCMA or the Labour Court.