Latest news with #CCMA
Zawya
a day ago
- Business
- Zawya
Employment and Labour Committee Welcomes Presentations on 2025-2030 Strategic Plans for Department and Entities
The Portfolio Committee on Employment and Labour has welcomed presentations on the 2025-2030 strategic plans, 2025/26 annual performance plans and budget estimates of the Department of Employment and Labour, Supported Employment Enterprises (SEE), Productivity South Africa (PSA), the Commission for Conciliation, Mediation and Arbitration (CCMA) and the National Economic Development and Labour Council (NEDLAC). The committee is of the view that more resources are needed to adequately fund the department and its entities. More resources are needed to increase the department's inspection and enforcement capacity, to fund SEE's procurement initiatives and the employment of persons living with disabilities in line with United Nations' conventions, to address the CCMA's case backlog, and to fund NEDLAC's mandate of facilitating national dialogue, among other things. The Chairperson of the committee, Mr Boyce Maneli, said that the contribution of SEE, CCMA and NEDLAC to the country's economic growth cannot be overstated. 'An inclusive growth of the economy requires that there be a harmonious work environment, and the CCMA is best placed as an arbiter. Greater participation of everyone in the economy [is also required], including persons living with disabilities, and SEE is best placed to facilitate that aspect; and continuous facilitation of national dialogue, which is a mandate of NEDLAC,' said Mr Maneli. To this end, the committee has called on the department to provide in writing the various creative measures that will be implemented to cover budget shortfalls. Mr Maneli said that while legislative review may be needed to motivate budget increases for some aspects, the committee will work within the current legislative framework around budget process to get possible increases through the Money Bills Amendment Procedure and Related Matters process in future financial years. Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
IOL News
4 days ago
- Business
- IOL News
Transnet averts potential strike after reaching three-year wage agreement with workers unions
Transnet and its majority union United National Transport Union (UNTU) sign a wage agreement after a lengthy process with the intervention of the Commission for Conciliation, Mediation and Arbitration (CCMA). Image: Leon Lestrade/ Independent Newspapers Transnet has signed a three-year wage agreement with its majorityunion, the United National Transport Union (UNTU), following a protracted negotiation process that required intervention from the Commission for Conciliation, Mediation and Arbitration (CCMA). In a statement on Thursday, Transnet said that the wage agreement would see an increment of 6% for the 2025/2026, 2026/2027, and 2027/2028 financial years. Transnet stated that this above-inflation agreement corresponds to an overall wage increase of 18% across the three years, encompassing increases to basic salaries and additional components, such as the 13th cheque, pension fund contributions, medical aid subsidies, and housing allowances. 'The finalisation of the three-year wage agreement provides labour stability and will enable the company to focus on its immediate strategic priorities of improving operational and financial performance, while positioning the organisation for future growth, thereby ensuring job security and economic growth,' Transnet said. UNTU general secretary, Cobus van Vuuren, hailed the signing as a pivotal moment following a challenging negotiation period. 'The agreement was signed between the parties on Thursday evening, 12 June 2025, following engagements between UNTU and Transnet this week,' he said. 'UNTU is confident that this agreement is fully aligned with the overwhelming mandate received from our constituencies, which have mandated us to sign the CCMA's facilitator's proposal following the S150 process by two senior Commissioners.' UNTU represents more than 26 000 workers at Transnet and had threatened to issue the State-owned freight and logistics firm with a 48-hour notice for a strike if negotiations deadlocked. Van Vuuren emphasised that this agreement not only represented a notable salary increment but also reinforced job security—one of UNTU's primary demands throughout the negotiation process. 'As UNTU committed, we also secured the back payment for the increased retrospective from 01 April 2025, as our members have made great financial sacrifices during this period, as UNTU continued the fight for a better salary increase and, most importantly, job security. UNTU is the majority union in Transnet; therefore, this agreement will be applicable to all bargaining unit employees,' he said. 'The three-year agreement also ensures much-needed labour stability during a critical period as Transnet works to rebuild its operations, restore service reliability, and regain stakeholder confidence. 'As the majority union representing the voices of more than 26 000 employees at Transnet, UNTU confirms that this newly signed agreement supersedes the previous agreement signed between Transnet and the minority union, Satawu.' Transnet also signed the same wage agreement with its other recognised labour union, the South African Transport and Allied Workers' Union (Satawu). Satawu general secretary, Jack Mazibuko, said the union had proposed an alternative wording for the retrenchment clause committing Transnet to no mandatory retrenchments during the currency of the wage agreement. 'Äccordingly, the new retrenchment clause as contained in the employer's final wage offer reads as follows: 1. Transnet commits that there will be no mandatory retrenchments during the currency of the wage agreement. 2. However, should it be necessary to restructure any areas of its business due to operations. economic and/or organisation restructuring reasons, the following process shall be followed: a) The employer will comply with the provisions of its existing recognition agreement and prevailing legislation b) The employer will establish a multi-disciplinary committee, inclusing labour, to assess the people impact of all restructuting initiatives across the business with the objective to preserve job security for all employees. c) The committee will explore opportunities for retirement, redeployment, reskilling and restructing will be explored as alternatives to ensure that there will be no mandatory retrenchments.' BUSINESS REPORT Transnet and its majority union United National Transport Union (UNTU) sign a wage agreement after a lengthy process with the intervention of the Commission for Conciliation, Mediation and Arbitration (CCMA). Image: Leon Lestrade/ Independent Newspapers
IOL News
4 days ago
- Business
- IOL News
Former UNISA finance chief claims university is defying CCMA ruling
Former University of South Africa CFO Phumlani Zwane has accused the university of refusing to pay him dismissal award following a protracted legal battle with the institution. Image: Jacques Naude / Independent Newspapers Over and above accusations of unfair suspension and dismissal, a former University of South Africa (UNISA) Vice Principal: Finance and Business CFO, Phumlani Zwane, has accused the institution of refusing to pay him the remainder of his CCMA award granted against the university on April 14, 2025. According to Zwane, this failure by UNISA to settle has resulted in the writ execution order of some of its assets. Zwane revealed that the alleged unfair dismissal and suspension were that he had complained to the institution in 2019 about a number of financial issues while VC Professor Mandla Makhanya was in charge. He said his attempts to raise financial irregularities were rewarded with an unfair suspension, which resulted in his unfair dismissal in 2021. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Since then, Zwane, who has been fighting his suspension through the courts, said he has not seen joy after UNISA allegedly failed to honour the R985,000 award by the CCMA despite the institution having complied with his unfair suspension settlement of more than R300,000. His last attempts to get his money in April resulted in a letter addressed to the current VC and UNISA Council Chairperson, DD Mosia, stating: "This is to notify you that following the CCMA awards issued on the 14th of April 2025, I then sent my banking details and request for payments to your attorneys via email on the 24th of April 2025, which have not been responded to date." Zwane's complaints come amid reports that the institution has been engaged in a series of suspensions involving some of its senior officials who are being sidelined for allegedly sounding the alarm over rampant irregular financial transactions at the institution. This has resulted in the Minister of Higher Education and Training, Dr Nobuhle Nkabane, indicating that she will look into the situation at the institution. "So effectively, Unisa has had three CFOs in the past five years. Two of whom were removed after raising financial irregularities with the council. The other strong evidence is that he also jumped ship as he was being forced to compromise financial controls so comrades could eat," Zwane alleged. According to Zwane, Unisa's unlawful actions have resulted in him having laid three complaints before the CCMA, which include an unlawful suspension dispute, an unfair dismissal dispute, and an unfair discrimination dispute, which he alleges are meant to frustrate the justice process and enforce his unlawful dismissal. However, in a statement, Unisa said Zwane only referred two matters to the CCMA, with the university having recently taken his unfair dismissal on review. "Mr Zwane referred two matters to the CCMA: one concerning an alleged unfair labour practice and another regarding alleged unfair dismissal. The university confirms that the matter relating to the unfair labour practice was resolved with full payment. The unfair dismissal matter has been taken on review by the university," Unisa said. As a result of the review application, Unisa stated that it will await the process before making a final decision on the matter. It added that it does not owe Zwane anything at this stage. "In accordance with legal procedure, the filing of a review application suspends the CCMA award. Therefore, there is no university maintains that there was no unfairness in the process," it said.
IOL News
10-06-2025
- Business
- IOL News
CCMA ruling allows CETA to discipline employee who misused whistleblower status
The Construction Education and Training Authority (CETA) is set to discipline a senior employee who claimed whistleblower protection, following a CCMA ruling that deemed the disclosures insincere. Image: Picture: Bonile Bam The Construction Education and Training Authority (CETA) has been given the go-ahead to proceed with disciplinary action against a senior employee who had claimed whistleblower protection. This comes after the Commission for Conciliation Mediation and Arbitration (CCMA) found in a recent decision that the employee, who was seeking protection as a whistleblower, did not make his or her disclosures 'sincerely, honestly and in good faith and thus cannot be regarded as protected disclosures to be protected against occupational detriment'. According to CETA, the employee had attempted to halt disciplinary proceedings by invoking the Protected Disclosure Act of 2000, 'disguising themselves as a whistleblower when they were not.' The employee is facing a raft of serious charges, including violation of supply chain management policies leading to irregular expenditure, breach of contract management policies, leaking of confidential information, misrepresentation, fraud, and forgery – including the alleged forging of the CEO's signature. In a statement, CETA CEO Malusi Shezi said that the 'ruling by CCMA confirms that there was never any whistleblower to start with. We welcome this ruling as very critical for applying consequences management against serious transgressions.' Shezi said that 'what we have here is someone who sought to play victim by posing as a whistleblower and proceeded to conduct a smear campaign against the CEO and the CETA Board. The facts should be ventilated, and appropriate determination be made in due processes.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ CETA noted that the employee's disclosures were only made in August 2019, three months after a forensic investigation report implicating the same official was issued to the CETA board. The employee was suspended in June 2023 and is accused of violating suspension conditions by contacting the Ministry of Higher Education and Training. 'From the time I assumed office in 2021, one of my key goals has been to eliminate corrupt practices and malfeasance and bring clean governance and administration at CETA. This ruling not only vindicates us but gives us confidence to proceed with action we believe will help clean up the rot and cancer plaguing the Sector Education Training Authorities,' Shezi said. These developments come just days after the employee, identified as Tumi, appeared on a podcast with the Organisation Undoing Tax Abuse (OUTA) during which she made allegations of corruption within CETA. In her interview with OUTA CEO Wayne Duvenage, Tumi detailed her efforts to combat what she described as irregularities in CETA's procurement processes. 'I thought it was about time that I break my silence. I've been quiet for quite some time and enduring this abuse,' Tumi said in the interview. She said that when she joined SETA in March 2012, it was under administration. Tumi stated she was 'deliberate in adhering to compliance with supply chain management best practices yet was repeatedly suspended and victimised,' highlighting what she described as systemic issues within CETA. She further claimed that, around 2015 and 2016, she flagged procurement irregularities, resulting in her being sent on gardening leave. 'I could have prevented it, but I was not allowed to play my role, and then we, the organisation, ended up being in trouble because certain things were not done properly,' she said.
Eyewitness News
10-06-2025
- Business
- Eyewitness News
South African law is failing gig workers
Gig work using digital platforms has exploded over the past decade. South Africa has been fertile ground for Uber, Checkers 60Sixty and Takealot. Sustained unemployment alongside high levels of urbanisation and wealth inequality has created a large population of people desperate for work. They have access to phones and the internet and they can provide middle- and upper-class households with cheap labour. But legislation falls short in protecting these workers. The number of workers in the gig economy is uncertain. A 2020 estimate puts it at 30,000 full-time workers, but growing about 10% a year. Most gig workers in the country are in e-hailing services, such as Uber and Bolt. These have a combined 60,000 drivers on their system but not all the registered drivers are actually working for these companies at present and many drivers would be registered on both systems. These services promote themselves as opportunities for independence, allowing drivers to set their own hours or earn additional income as a 'side hustle'. But it also leaves them vulnerable to exploitation and with little recourse to legal remedies. In South African law, gig workers are classified as 'independent contractors'. Operating companies, such as Uber, Bolt and Pingo (responsible for administering 60Sixty drivers), benefit by keeping workers in a permanent state of uncertainty. There is little downside for these companies to onboard as many drivers as possible, and leaving the drivers to compete for limited work. Gig workers are responsible for their own expenses. For drivers, this means covering the cost of fuel, maintenance and insurance. This eats into their already meagre monthly earnings, resulting in many gig workers earning well below the minimum monthly wage. Platform work drives down wages. Globally, in comparison to their employed counterparts, independent gig workers earn 64% less for doing the same job, according to the International Labour Organisation. Under current legislation, gig workers are also not entitled to paid leave or sick leave; they receive no medical aid or retirement fund contributions; and they can be dismissed arbitrarily without recourse to the Commission for Conciliation, Mediation and Arbitration (CCMA) or labour courts. Most digital platforms reserve the right to deactivate a user's account for reasons that would not qualify as fair dismissal under South African labour law. UBER SA VS NUPSAW AND OTHERS In 2016, seven Uber drivers approached the CCMA to argue they were unfairly dismissed when Uber deactivated their accounts. Although the drivers were categorised as independent contractors, union NUPSAW argued that the nature of the agreement between them and Uber SA was more like that of full-time employees. Applying the 'realities of relationship' test, the CCMA found in the drivers' favour. It held that the relationship between Uber SA and the drivers was closer to a full-time employment relationship than to an independent contractor one. Had the decision remained, this would have fundamentally changed the way platform services operated in South Africa. However, the decision was appealed to the Labour Court, which found fundamental issues with the CCMA's decision. The biggest of which was the CCMA's refusal to attach Uber BV (Uber SA's parent company) to the proceedings. In its argument, Uber SA held that if there was any contractual relationship, it existed between the drivers and Uber BV, not Uber SA. Uber SA was simply responsible for onboarding and driver training, whereas Uber BV managed drivers on the Uber app and issued payments. As they were not party to the proceedings in the Labour Court, it refrained from answering whether there was an employment relationship between Uber BV and the drivers. For their legal status to change, another matter would need to be brought to court, which would likely result in a years-long fight ending at the Constitutional Court. LESSONS FROM ABROAD While local attempts to address the challenges faced by gig workers have been unsuccessful, movements in other countries have changed the legal status of gig workers for the better. Unlike South Africa, the UK recognises three distinct categories of workers: employees, independent contractors, and dependent contractors. In Uber BV and Others v Aslam and Others, Uber drivers in London won a substantial victory. The courts ruled that drivers are classified as dependent contractors any time they are logged on the app. The Supreme Court found that Uber falsely misrepresented the employment relationship to shield itself from responsibility for its drivers. As a result, drivers are entitled to paid leave as well as protection from arbitrary dismissals. France has taken steps to strengthen the rights of gig workers. In 2021, the French Parliament passed a bill forcing employment platforms to cover the insurance for accidents at work. It also entitled gig workers to form unions and engage in collective bargaining. Short of determined, legislative intervention to address these challenges, the task will fall on the drivers themselves to fight in court. Workers, who are already exploited, will face a legal battle against billion-dollar multinational corporations. While they may have the moral and legal standing for such a fight, they are unlikely to have the resources. Nick Fabré is a writer at the People's Legal Centre. Views expressed are not necessarily those of GroundUp. This article first appeared on GroundUp. Read the original article here.
