(ii) There are 50 disputes currently faced by the entities reporting to the Department.
(b)-(d) The details of the cause, nature, date of dispute reported and resolved of each dispute are provided in the table below:
Department:
Number of Conciliations | (b) Cause of dispute | (c ) Nature of dispute | (i) Date reported | (ii) Date resolved |
Employee 1 (Head Office) | Allegation of unfair dismissal | Unfair dismissal | 26/04/2018 | 26/04/2018 Unresolved |
Employee 2 (Lovedale TVET College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 11/06/2018 | 11/06/2018 Unresolved |
Employee 3 (Lovedale TVET College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 11/06/2018 | 11/06/2018 Unresolved |
Employee 4 (Motheo TVET College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 18/04/2018 | 18/04/2018 Withdrawn |
Employee 5 (Motheo TVET College) | Allegations of failure to promote | Unfair Conduct - promotion | 26/04/2018 | 26/04/2018 Settlement agreement reached |
Employee 6 (Head Office) | Allegations of failure to promote | Unfair Conduct - promotion | 30/04/2018 | 30/04/2018 Unresolved |
Employee 7 (Northlink TVET College) | Allegations of unfair conduct related to promotion, demotion, training, probation and benefits | Unfair Conduct - promotion, demotion, training, probation and benefits | 07/05/2018 | 07/05/2018 Unresolved |
Employee 8 (Lovedale TVET College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 24/05/2018 | 24/05/2018 Withdrawn by the Applicant |
Employee 9 (College of Cape Town) | Allegations of unfair conduct related to promotion, demotion, training, probation and benefits | Unfair Conduct - promotion, demotion, training, probation and benefits | 31/05/2018 | 31/05/2018 Withdrawn by the Applicant |
Employee 10 (Eastern Cape CET) | Allegations of demotion | Unfair Conduct - demotion | 07/06/2018 | 07/06/2018 Unresolved |
Employee 11 (Port Elizabeth TVET College) | Equal pay for equal value of work | Unfair Discrimination | 20/04/2018 | 20/04/2018 Unresolved |
Employee 12 (Motheo TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation or Application of Collective Agreement | 26/04/2018 | 26/04/2018 Unresolved |
Employee 13 (Central Johannesburg TVET College) | Allegations of refusal to disclose information | Protected disclosure of information | 04/05/2018 | 04/05/2018 Unresolved |
Employee 14 (Head Office) | Equal pay for equal value of work | Unfair Discrimination | 01/06/2018 | 01/06/2018 Unresolved |
Employee 15 (Coastal TVET College) | Allegations of unfair labour practice related benefits | Unfair Conduct - benefits | 10/04/2018 | 10/04/2018 Settlement agreement reached |
Number of Arbitrations | (b) Cause of dispute | (c ) Nature of dispute | (i) Date reported | (ii) Date resolved |
Employee 1 (Coastal TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 01/04/2018 | 01/04/2018 Settlement reached |
Employee 2 (Head Office) | Allegation of unfair suspension | Unfair Suspension | 03/04/2018 | 03/04/2018 Settlement reached |
Employee 3 (Ikhala TVET College) | Allegations of unfair dismissal | Unfair dismissal | 05/04/2018 | Pending |
Employee 4 (Taletso TVET College) | Allegations of non-renewal of fixed term contract | Fixed term contract | 12/04/2018 | 18/06/2018 Arbitration award in favour of Respondent |
Employee 5 (Buffalo City TVET College) | Allegations of unfair dismissal | Unfair dismissal | 12/04/2018 | Pending |
Employee 6 (Eastcape Midlands TVET College) | Allegations of failure to provide conditions of service in terms of Basic Conditions of Employment Act | Provisions of basic conditions of employment act | 12/04/2018 | Pending |
Employee 7 (Ekurhuleni West TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 13/04/2018 | Pending |
Employee 8 (Letaba TVET College) | Allegations of unfair dismissal | Unfair dismissal | 17/04/2018 | 08/05/2018 Arbitration award in favour of the Department |
Employee 9 (Ehlanzeni TVET College) | Allegations of unfair dismissal | Unfair dismissal | 19/04/2018 | 30/05/2018 Arbitration award in favour of the applicant |
Employee 10 (Port Elizabeth TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 23/04/2018 | 30/05/2018 Dispute withdrawn |
Employee 11 (South West Gauteng TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 24/04/2018 | 24/04/2018 Settlement reached |
Employee 12 (South West Gauteng TVET College) | Allegations of unfair dismissal | Unfair dismissal | 30/04/2018 | Pending |
Employee 13 (Orbit TVET College) | Allegations of unfair dismissal | Unfair dismissal | 02/05/2018 | Pending |
Employee 14 (Maluti TVET College) | Allegations of unfair suspension | Unfair suspension or disciplinary action | 04/05/2018 | Pending |
Employee 15 (Free State CET) | Allegations of termination of service based on Public Service Act Section 17(3) B | Termination of employment in terms of Public Service Act Section 17(3) b | 04/05/2018 | 04/05/2018 Matter dismissed |
Employee 16 (Ingwe TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice: benefits | 07/05/2018 | 07/05/2018 Default award issued against the applicant |
Employee 17 (Department of Education) | Allegations of unfair dismissal | Unfair dismissal | 08/05/2018 | Pending |
Employee 18 (Head Office) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 10/05/2018 | Pending |
Employee 19 (Tshwane South TVET College) | Allegations of unfair dismissal | Unfair dismissal | 10/05/2018 | Pending |
Employee 20 (Ehlanzeni TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 14/05/2018 | Pending |
Employee 21 (Westcoast TVET College) | Allegations of unfair dismissal | Unfair dismissal | 15/05/2018 | Pending |
Employee 22 (Majuba TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 17/05/2018 | Pending |
Employee 23 (Tshwane South TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 17/05/2018 | Pending |
Employee 24 (Lovedale TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 17/05/2018 | 17/05/2018 Settlement agreement reached |
Employee 25 (Tshwane North TVET College) | Allegations of failure to promote | Unfair conduct : promotion | 18/05/2018 | Pending |
Employee 26 (Ekurhuleni West TVET College) | Allegations of failure to promote | Unfair conduct : promotion | 18/05/2018 | 18/05/2018 Matter withdrawn |
Employee 27 (Eastcape Midlands TVET College) | Allegations of non-renewal of fixed term contract | Fixed term contract | 22/05/2018 | Pending |
Employee 28 (Mnambithi TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 23/05/2018 | Pending |
Employee 29 (Maluti TVET College) | Allegations of failure to interpret and apply collective agreement | Interpretation and application of Collective Agreement | 22/05/2018 | 22/05/2018 Settlement agreement reached |
Employee 30 (Umfolozi TVET College) | Non-renewal of fixed term contract | Fixed term contract | 04/05/2018 | Pending |
Employee 31 (Port Elizabeth TVET College) | Allegations of unlisted unfair labour practice | Unfair labour practice- other | 05/05/2018 | Pending |
Employee 32 (Majuba TVET College) | Allegations of unfair dismissal based on employers operational requirements | Dismissal based on employers operational requirements | 06/06/2018 | 27/06/2018 Award in favour of applicants |
Employee 33 (Majuba TVET College) | Allegations of unfair dismissal | Unfair dismissal | 08/06/2018 | 08/06/2018 Applicant withdraw dispute |
Employee 34 (Central Johannesburg TVET College) | Allegations of unfair labour practice related promotion | Unfair labour practice- promotion | 19/06/2018 | Pending |
Employee 35 (Ikhala TVET College) | Allegations of unfair dismissal | Unfair dismissal | 20/06/2018 | Pending |
Employee 36 (South Cape TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 20/06/2018 | 20/06/2018 Default award against the Department |
Employee 37 (Lovedale TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 21/06/2018 | Pending |
Employee 38 (Tshwane South TVET College) | Allegations of unfair dismissal | Unfair dismissal | 21/06/2018 | Pending |
Employee 39 (Ekurhuleni East TVET College) | Allegations of unfair dismissal | Unfair dismissal | 22/06/2018 | Pending |
Employee 40 (Ikhala TVET College) | Allegations of unfair labour practice related benefits | Unfair labour practice- benefits | 25/06/2018 | Pending |
Employee 41 (Letaba TVET College) | Allegations of unfair dismissal | Unfair dismissal | 26/06/2018 | Pending |
Entities reporting to the Department:
Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA) – 4 | |||
|
|
| |
|
| ||
| Dishonesty and breach of employment conditions. | 01/2015 | 07/2015 Pending - CCMA |
| Violation of code of conduct. | 06/2015 | 04/2016 Pending -Labour Court |
| Abuse of authority and failure to take reasonable instructions. | 06/2015 | 08/2015 Pending - Labour Court |
| Poor work performance, intimidation and failure to execute a reasonable instruction. | 04/2018 | Pending |
Construction Education and Training Authority (CETA) – 9 | |||
|
|
| |
| (ii) Resolved | ||
| Misconducts: Disciplinary Hearing | 04/2013 | 05/2013 |
| Misconducts: Disciplinary Hearing | 08/2014 | 09/2014 |
| Misconducts: Disciplinary Hearing | 05/2015 | 09/2015 |
| Misconducts: Disciplinary Hearing | 05/2015 | 07/2015 |
| Misconducts: Disciplinary Hearing | 05/2015 | 11/2015 |
| Misconducts: Disciplinary Hearing | 07/2015 | 11/2015 |
| Misconducts: Disciplinary Hearing | 09/2015 | 112015 |
| Misconducts: Disciplinary Hearing | 01/2016 | 02/2016 |
| Misconducts: Disciplinary Hearing | 10/2013 | 10/2013 |
Chemical Industries Education and Training Authority (CHIETA) – 1 | |||
|
|
| |
| (ii) Resolved | ||
| Employee challenging final written warning | 03/2018 | Pending -CCMA |
Education, Training and Development Practices Sector Education and Training Authority (ETDPSETA) – 9 | |||
|
|
| |
| (ii) Resolved | ||
| Unfair dismissal | 09/2015 | 04/2016 |
| Alleged unfair demotion | 05/2016 | 07/2018 |
| Constructive dismissal | 10/2016 | 09/2017 |
| Unfair dismissal | 01/2017 | 05/2017 |
| Unfair labour practice (Bonus) | 10/2017 | 11/2017 |
| Constructive dismissal | 11/2018 | 01/2018 |
| Unfair labour practice (Bonus) | 11/2018 | 02/2018 |
| Constructive dismissal | 01/2018 | 06/2018 |
| Unfair labour practice | 08/2018 | Pending |
Energy and Water Sector Education and Training Authority (EWSETA) – 1 | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| Protected Strike | 11/2016 | 03/2017 |
Finance and Accounting Services Sector Education and Training Authority (FASSET) – 3 | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| Failure to adhere to SCM policy, non-adherence to recruitment and selection policy | 01/2018 | 08/2018. |
| Withdrawal of job offer | 02/2018 | Pending -CCMA. |
| Poor performance, failure to meet crucial deadline. | 08/2018 | Pending |
Food and Beverage Manufacturing Industry Sector Education and Training Authority | |||
|
|
| |
|
| ||
| Unfair dismissal | 12/2014 | 04/2016 |
| Unfair dismissal | 08/2017 | 06/2018 |
| Unfair dismissal | 11/2014 | Pending -Labour Court |
| Unfair dismissal | 11/2017 | Pending - CCMA |
Health and Welfare Sector Education and Training Authority (HWSETA) – 1 | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| Unfair Labour Practise | 03/2017 | 08/2017 |
Media, Information and Communication Technologies Sector Education and Training Authority (MICT) – 4 | |||
|
|
| |
| (ii) Resolved | ||
| Unfair dismissal | 04/2018 | Pending - CCMA |
| Unfair labour practice | 10/2016 | Pending - Labour Court |
| Unfair dismissal | 04/2013 | Pending - Labour Court |
| Unfair dismissal | 03/2018 | |
Mining Qualifications Authority (MQA) – 2 | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| Challenging fairness of his dismissal | 06/2017 | Pending - CCMA |
| Challenging fairness of her dismissal | 07/2018 | Pending - CCMA |
Safety and Security Sector Education and Training Authority (SASSETA) – 2 | |||
|
|
| |
(i)Reported | (ii) Resolved | ||
| Unfair labour practice | 06/2018 | Pending |
| Unfair dismissal | 08/2018 | Pending |
Services Sector Education and Training Authority (Services SETA) – 1 | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| NEHAWU unhappiness with implementation of organisational realignment decision | 10/2017 | Pending |
Wholesale and Retail Sector Education and Training Authority (W&RSETA) – 1 labour dispute | |||
|
|
| |
(i) Reported | (ii) Resolved | ||
| Non-shortlist | 03/2018 | Pending - CCMA |
Quality Council for Trades and Occupations (QCTO) – 1 | |||
|
|
| |
Reported | (ii) Resolved | ||
| Misrepresentation of financial disclosure and Performing extra work/private work for own benefit, during the employer’s working hours without the permission of the employer. | 07/2018 | Pending (Employee is on suspension, investigations are in progress) |
National Institute for Humanities and Social Sciences (NIHSS) = 5 labour dispute | |||
(1)(b) Cause of dispute | (1)(c) Nature of dispute | (1)(d) Date of dispute | |
(d)(i) Reported | (d)(ii) Resolved | ||
Grievance lodged against the Chief Executive Officer (CEO) by BRICS Programme Coordinator for alleged bullying, harassment, victimisation, intimidation, discrimination and bullying | 11/2017 | Pending, independent investigative report to be tabled to the NIHSS board for final decision making | |
Grievance lodged against the Acting BRICS/Research Director by the BRICS Programme Coordinator for alleged harassment, bullying, badgering, victimisation and intimidation | 11/2017 | Pending, independent investigative report to be tabled to the NIHSS board for final decision making | |
Grievance lodged against the Acting BRICS/Research Director by the BRICS Programme Coordinator for alleged harassment, bullying, badgering, victimisation and intimidation | 11/2017 | Pending, independent investigative report to be tabled to the NIHSS board for final decision making | |
Commission for Conciliation, Mediation and Arbitration (CCMA) arbitration lodged by APSA trade union obo Programme Administrator against Senior Human Resource (HR) Manager and Acting Director, BRICS/Research for unfair labour practice | 07/2018 | Pending, awaiting date of hearing at CCMA | |
CCMA arbitration lodged by APSA trade union obo Senior Administrator against Senior HR Manager and Chief Financial Officer for unfair labour practice | 08/ 2018 | Pending, awaiting date of hearing at CCMA | |
CCMA Arbitration lodged by APSA Trade Union against NIHSS for alleged infringement of organisational rights | 08/2018 | Pending, awaiting date of hearing at CCMA | |
South African Qualifications Authority (SAQA) = 3 labour disputes | |||
(1)(b) Cause of dispute | (1)(c) Nature of dispute | (1)(d) Date of dispute | |
Reported | Resolved | ||
Dismissal after failing to make probation after the probation period was extended | Labour Court | 10/2015 | SAQA is waiting for judgement after the matter was heard on 16 August 2018 |
Fraud / deliberately supplying incorrect or falsified information and Committing an act which undermines the financial management and internal control system of the organisation | Disciplinary hearing | 08/2018 | Set for hearing on 29 August 2018 |
Dissatisfaction with performance review outcomes | Grievance | 08/2018 | Pending |
Number of employees dismissed from | Reason for dismissal for each employee |
Employee 1 (National Skills Fund) | Collusion |
Employee 2 (Ikhala TVET College) | Gross insurbordination |
Employee 3 (Buffalo City TVET College) | Abuse of sick leave |
Employee 4 (Tshwane South TVET College) | Causing prejudice to the administration of the College |
Employee 5 (Mthashana TVET College) | Failure to comply with the rules or regulations |
Employee 6 (False Bay TVET College) | Unauthorised absence, poor time keeping and neglignce |
Employee 7 (Motheo TVET College) | Gross insubordination, gross negligence and bringing the Collleg name and image of the into disrepute |
Employee 8 (False Bay TVET College) | Gross negligence, contravenining of cash management policy, bringing the name and image of the college into disrepute and contravenining staff code of conduct policy |
Employee 9 (Ikhala TVET College) | Racism |
Employee 10 (False Bay TVET College) | Gross insurbordination and dereliction of duty |
Employee 11 (Motheo TVET College) | Gross insurbordination or dereliction of duty |
Number of employees dismissed from | Reason for dismissal for each employee |
Employee 1 (South West TVET College) | Abscondment |
Employee 2 (Westcoast TVET College) | Assault |
Employee 3 (Northern Cape Rural TVET College) | Abscondment |
Employee 4 (Northern Cape Rural TVET College) | Abscondment |
Employee 5 (Northern Cape Rural TVET College) | Abscondment |
Employee 6 (Goldfields TVET College) | Racism |
Employee 7 (Motheo TVET College) | Wilful mismangement of funds |
Number of employees dismissed from | Reason for dismissal for each employee |
Employee 1 (South West TVET College) | Poor performance other than incapacity |
Employee 2 (Head Office) | Gross dishonesty, threatening of a superior and insubordination |
Employee 3 (Tshwane South TVET College) | Theft |
Employee 4 (Taletso TVET College) | Theft |
Employee 5 (Ehlanzeni TVET College) | Corruption |
Employee 6 (Northlink TVET College) | Fraud |
Employee 7 (Umfolozi TVET College) | Abuse of college vehicle |
Employee 8 (Ehlanzeni TVET College) | Abscondment |
Employee 9 (Western TVET College) | Racism |
Employee 10 (Taletso TVET College) | Abscondment |
Employee 11 (Tshwane South TVET College) | Gross dishonesty |
Employee 12 (Ingwe TVET College) | Mismanagement of funds |
Number of employees dismissed from | Reason for dismissal for each employee |
Employee 1 (Westcoast TVET College) | Gross insurbordination |
Employee 2 (South West Gauteng TVET College) | Gross dishonesty |
Employee 3 (Ehlanzeni TVET College) | Abscondment |
Employee 4 (Motheo TVET College) | Procurement irregularities and fraud |
Employee 5 (Lovedale TVET College) | Collecting money from students without authority |
Total | 5 |
*Number of employees dismissed from 01 January 2014 to 30 December 2014 = Employees not yet migrated to the Department, no figures available.