| 1. |
In Labour Relations Minute 0001/2004 you were informed of possible industrial action resulting from salary negotiations between the state as employer and organised labour. These negotiations have once again ended in a deadlock and the unions have indicated that they intend embarking on a full-scale strike on 16 September 2004. It is important to note that both CS educators and Public Service personnel will be involved in the industrial action. |
| 2. |
In order to manage this action and prevent any misunderstanding, all role-players will be expected to perform various functions. Managers or heads of institutions must, therefore, prepare contingency plans (see attached annexure) to ensure that their directorates or institutions continue to function. |
| 3.1.1 |
Directors are required to inform the Directorate: Labour Relations of the following by 10:00 on the day of the industrial action:
Which directorates/areas are most affected
The number of schools/directorates affected
The number of educators/public servants absent
Whether there have been any disruptions to work or teaching at schools
The number of school principals/line managers/supervisors participating in the industrial action
Whether these principals/managers have informed their supervisors of their intention to participate in the action.
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| 3.1.2 |
The Directorate: Labour Relations will use the information to monitor the impact of the industrial action and to advise the various Ministers and Heads of Departments on the action. |
| 3.1.3 |
The information must be sent per Directorate or EMDC to Mr C. Esau, fax number 021 425 8612 or e-mailed to him at Colin Esau cesau@pgwc.gov.za. |
| 3.2.1 |
The Strike Action Section in the WCED Guide on Industrial Action must be strictly enforced, particularly the keeping of records of any employees who participate in the industrial action. The relevant annexures must be completed by every directorate/institution. Specific reference must be made to dates, times and names of individuals who participated in the action, or who withdrew their labour for that day or part thereof. |
| 3.2.2 |
Managers/Heads of Institutions will be held responsible for completing the forms. In cases where the principal/manager is also involved in the industrial action, the second in charge e.g. deputy-principal/supervisor etc. will be responsible for the completion of the relevant forms. Where the principal/manager/second-in-charge is involved in the industrial action, this will be the responsibility of the Circuit Manager/Director. |
| 3.2.3 |
Directors will be responsible for the overall facilitation of the process in their respective directorates and areas. |
| 3.2.4 |
The Director concerned must ensure that all completed forms reach the Directorate: Labour Relations, for attention: Mr C. Esau, 17th Floor, Golden Acre Building, within 5 days of the date on which the industrial action took place. It is of vital importance that the information be sorted and submitted per Directorate or EMDC. Officials and institutions are therefore requested not to submit the information directly to Head Office. Directors are ultimately responsible for ensuring that the information is correct and complete before sending it through to the Directorate: Labour Relations. |
| 3.2.5 |
The Directorate: Labour Relations will be responsible for the consolidation of all information and will assist whenever possible. |
| 4. |
CONTINGENCY PLAN
Attached please find a proposed contingency plan which should be implemented and used to effectively monitor and manage the impact of the strike.
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| 5.1 |
Although various forms of industrial action are regarded as classified or protected, in terms of the Labour Relations Act, 1996, the principle of “No work, no pay” will always be applicable. |
| 5.2 |
The so-called "Time off for union activities" provision may under no circumstances be used by any individual for the purpose of participating in any form of industrial action. |
| 5.3 |
Striking personnel may make intentionally or unintentionally sow confusion by providing the wrong information to managers/heads of institutions. Queries with regard to procedures or any other issues relating to industrial action must be directed to circuit managers or to the Directorate: Labour Relations. Under no circumstances should managers/heads of institutions take advice from union officials on this matter. |
| 5.4 |
It is imperative that all information that is forwarded is verified and certified by the relevant manager or head of institution. |
| 6.1 |
The Directorate: Labour Relations will have officials on duty to provide advice and/or assistance during the period concerned. |
| 6.2 |
The following officials may be contacted:
C.R. Esau - 021 467 2857 - Colin Esau (cesau@pgwc.gov.za)
R.F. Jansen - 021 467 2863 - Roy Jansen (rfjansen@pgwc.gov.za)
A. Jacobs - 021 467 2416 - Aesha Jacobs (ayjacobs@pgwc.gov.za)
R. Ahmed - 021 467 2372 - Riedwaan Ahmed (rahmed@pgwc.gov.za)
K. Petersen - 021 467 2865 - Kenny Petersen (kpetersen@pgwc.gov.za)
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| 6.3 |
Please bring the content of this minute to the attention of all managers and heads of institutions. |
SIGNED: C.J. FOURIE
HEAD: EDUCATION
DATE: 2004-09-12
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