1. Teacher and Public Service unions have announced a deadlock in wage negotiations with the government and have declared an official dispute. Both parties now have 30 days in which to resolve the dispute. If no agreement is reached through mediation and conciliation, the unions have a right to mobilise their members and embark on a national strike.
2. In order to prepare for and manage the possible strike action and prevent any misunderstanding, all role players will be expected to perform various functions.
2.1 Step 1
2.1.1 Directors are requested 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
  • An estimate of the number of educators/public servants who have not reported for duty
  • Whether there have been any disruptions of work or teaching at schools
  • The number of school principals/line managers participating in the industrial action
  • Whether these principals/managers have informed their supervisors of their intention to participate in the action
  • What contingency plans are in place at schools/directorates that may be severely disrupted
2.1.2 The Director: 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.
2.1.3 The information must be sent per directorate or EMDC for the attention of Mr CR Esau to fax number 021 425 8612 or e-mail: cesau@pgwc.gov.za
2.2 Step 2
2.2.1 The regulations in 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.
2.2.2 Managers/heads of institutions will be responsible for the completion of the forms. In cases where the principal/manager is also involved in the industrial action, the deputy principal/manager will be responsible for the completion of said forms. If the deputy principal/manager is also involved in the industrial action, this will be the responsibility of the circuit manager/director.
2.2.3 Directors will be held accountable for the overall facilitation of the process in their respective directorates and EMDCs.
2.2.4 The director concerned must ensure that all completed forms reach the Directorate: Labour Relations for attention: Mr CR 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 by directorate or EMDC. Officials and institutions are therefore requested not to submit information directly to Head Office. Directors are ultimately responsible for ensuring that the information is correct and complete, before sending it to the Directorate: Labour Relations.
2.2.5 The Directorate: Labour Relations will be responsible for the consolidation of all information and will assist wherever possible.
2.3 Step 3
2.3.1 All EMDCs and schools are to ensure that no learner is without supervision at any school. All schools are to arrange for supervision of learners beforehand if it is aware that educators will go on strike.
2.3.2 Principals are to note that no school can be closed without notice and/or permission from the relevant EMDC via the circuit manager.

3. IMPORTANT FACTS
3.1 Although various forms of industrial action are regarded or classified as protected, in terms of the Labour Relations Act, 1995, the principle of “No work no pay” will always be applicable.
3.2 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.
3.3 Striking personnel may intentionally or unintentionally sow confusion by providing incorrect information to management/heads of institutions. Queries with regard to procedure or any other issues relating to industrial action must be directed to circuit managers or to the Directorate: Labour Relations. Under no circumstances may managers/heads of institutions accept advice from union officials on this matter.
3.4 It is imperative that all information forwarded be verified and certified by the relevant manager/head of institution. No information should be sent to the Directorate: Labour Relations without certification by the latter.

4. ENQUIRIES
Should the industrial action take place, the following officials from the Directorate: Labour Relations will be on duty to provide advice and assistance during the period concerned:
5. Further to this, your attention is drawn to Labour Minute 01/2004 and 02/2004. Copies of both can be found on http://wced.wcape.gov.za/labour/circulars/minutes_index.html
6. Please bring the contents of this minute to the attention of all managers and heads of institutions.


SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2007:05:02

Relevant annexures  (size: 17 KB)