1. 55 Staff members were alleged to have participated in an illegal strike and not 100. Of the 55 staff members:
(a) 5 Staff members were found not guilty as they proved not to have been on strike. The charges against them were withdrawn. These employees opted to represent themselves; hence, they are not associated with unions.
(b) 2 Staff members belonging to the South African Liberated Public Service Workers Union (SALIPSWU) also proved not to have participated in the strike and their charges were withdrawn.
(c) 11 Staff members belonging to the National Health Education and Allied Workers Union (NEHAWU) (one staff member holds dual membership with SALIPSWU) pleaded guilty and were given a warning. These employees stated that they were forced to leave the site by other colleagues, allegedly members of SALIPSWU who were on strike. NEHAWU indicated that it had warned its members not to participate, as it was an illegal strike.
(d) 13 Members of the Public Servants Association (PSA) (three staff members hold dual membership with SALIPSWU), were found guilty for participating in an illegal strike and suspended for 5 days without salary.
(e) 23 Members of SALIPSWU were found guilty for participating in an illegal strike and suspended for 5 days without salary.
(f) 2 Members of SALIPSWU were found guilty for participating in an illegal strike and barricading the entrance with their private cars. The sanction was suspension of salary for one month.(g)
2. The College respects the rights of employees to be represented by a Union irrespective of the nature of their sanction. This was stated in the notices of the hearing for all 55 employees who were subject to charges. The College did not deny any employee representation. Three employees opted not to attend the hearing since SALIPSWU was not allowed to represent them due to noncompliance with organisational rights, as outlined in Section 21 of the Labour Relations Act, as amended.
(a) Information was requested from the College and applicants. The applicants did not comply, however, Maluti Technical and Vocational 3. Education and Training (TVET) College provided the following information:
(b) The decision to turn down the appeal against the dismissal was based on the:
4. Students informed the Management of Maluti TVET College on 8 March 2016 that lecturers planned to go on strike. The strike was based on the list of grievances in relation to “Staff work load to be reduced to 4 groups” against the 5 groups stipulated in the Policy document and the “lack of resources namely: text books, furniture, teaching resources, no library, etc.”.
Management engaged with lecturers, students, parents and later with unions to prevent such a strike. Other unions, i.e. the South African Democratic Teachers Union (SADTU) and National Health Education and Allied Workers Union (NEHAWU), understood that such a strike would be illegal and unprotected, and they discouraged their members from participating in such a strike. However, some lecturers continued with the strike action, which led to a disciplinary process being instituted against them.
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DIRECTOR – GENERAL
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QUESTION 1999 APPROVED/NOT APPROVED/AMENDED
Dr BE NZIMANDE, MP
MINISTER OF HIGHER EDUCATION AND TRAINING
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