NATIONAL TREASURY
No. |
(b) Cause Of Each Dispute |
(c) Nature Of Dispute |
(d) Date Dispute |
|
|
|
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1. |
Unfair dismissal |
Unfair Dismissal |
27/07/17 |
Not resolved yet - at the Bargaining Council. |
2. |
Non-approval of bursary |
Unfair Labour Practice |
14/02/18 |
|
3. |
Non-renewal of contract / permanent appointment |
Unfair Dismissal |
29/05/18 |
|
4. |
Suspension without pay for 3 months and a Final Written Warning |
Unfair Labour Practice |
01/07/18 |
|
5. |
Termination of employment contract |
Unfair Dismissal |
06/08/18 |
|
6. |
Termination of employment contract |
Unfair Dismissal |
06/08/18 |
Financial Year |
2(a)(ii) Reason for dismissal |
b(i) Number of employees paid severance packages |
b(ii) Monetary value of each severance packages |
2014-2015 |
Sleeping on duty, security breach and theft. |
Nil |
Nil |
2015/2016 |
No National Treasury employees dismissed during the year. |
||
2016/2017 |
No National Treasury employees dismissed during the year. |
||
2017/2018 |
No National Treasury employees dismissed during the year. |
||
2018/2019 |
Late coming/time keeping, failure to attend meetings/dereliction of duty. Poor performance of work. Insubordination and disrespectful behavior. Non compliance with existing procedures/leave policy, and contemptuous, disorderly or unacceptable behavior. |
||
Termination due to null and void of employment contract. |
|||
Termination due to null and void of employment contract. |
ASB
CBDA
(1) The Agency does not have any current labour disputes.
DBSA
No. of Labour disputes (a) |
Cause of each Dispute (b) |
Nature of each dispute (c) |
Date reported (d)(i) |
Date resolved (ii) |
5 (CCMA/ LABOUR COURT) |
Dismissal for Gross negligence (X1) |
Unfair Dismissal – Labour Court |
27 November 2017 |
Pending |
Dismissal for Unacceptable conduct (X1) |
Unfair Dismissal– Labour Court |
30 December 2016 |
Pending |
|
Dismissal for Gross negligence (X1) |
Unfair Dismissal – Labour Court |
25 October 2008 |
Pending |
|
Dismissal for Gross negligence (X1) |
Unfair Dismissal – Labour Court |
03 August 2012 |
Pending |
|
Dispute regarding retirement age (X1) |
Automatically Unfair Dismissal – Labour Court |
01 February 2011 |
Pending |
|
3 (Internal) |
Dishonesty and Gross Negligence |
Misconduct |
21 May 2018 |
June 2018 |
Failure to comply with company policies and procedures & dishonesty. |
Misconduct |
25 May 2018 |
Pending |
|
Gross Misconduct |
Misconduct |
10 May 2018 |
Pending |
FIC
(1) (ii) Financial Intelligence Centre
(a) Number of labour disputes currently |
(b) Cause of dispute |
(c) Nature of each dispute |
(d) Date reported and resolved |
1 |
Poor performance |
Incapacity |
|
1 |
Constructive dismissal |
The employee has referred the matter for review and setting aside of the arbitration, which was awarded in favour of the Financial Intelligence Centre, on 18 December 2016 |
|
FSCA
(b) Both are breaches of internal disciplinary procedures;
(c) The first dispute relates to misconduct and the second dispute (which is still in process) relates to dereliction of duty;
(d) (i) Case 1. Reported on 20 February 2018
Case 2. Reported on 06 June 2018
(ii) Case 1. Based on the charges brought before the employee, verified by an employer witness and representation made by the employee, the Chairperson found the employee guilty and recommended dismissal with immediate effect. The Chairperson’s recommendations were considered by Senior Management and a resolution was taken to dismiss the employee with a month’s notice pay. The employee has referred the matter to the CCMA for arbitration and a hearing has been set down for 4 September 2018.
Case 2. Case still in progress.
GEPF
(a)(ii) One employee was dismissed for breach of the Supply Chain Management Policy. One employee was dismissed for gross insubordination, abuse of company property and putting the safety of other employees at risk.
(b) (i and ii) None of the employees received severance packages.
GPAA
(b) The cause of each dispute were amongst others:
(c) The nature of each dispute entailed:
1. Alleged unfair labour dismissal for misconduct
2. The request for information
3. Unfair Labour practice with regards to salary disparities on two matters.
(d) Date reported and resolved
Date reported Date resolved
(1) 30/10/2012 - 30/07/2018
(2) 16/02/2018 - Pending Arbitrator’s ruling
(3) 02/03/2017 - Pending notice of set - down for Arbitration
(4) 12/02/2018 - Pending notice of set - down for a review at Labour Court
IRBA
The IRBA hereby declares that;
LAND BANK
Current Disciplinary Matters |
|||||
Nr of Labour dispute (a) |
Cause of each dispute (b) |
Nature of each dispute (c) |
Date of dispute reported (d - i) |
Date of dispute resolved (d – ii) |
Comments |
1 |
Alleged unauthorized approval by the employee provided to client on a loan agreement. Process for approval not followed. |
Gross Negligence |
June 2018 |
Unresolved, matter under investigation |
|
2 |
Disciplinary enquiry regarding non-compliance to Procurement processes |
Gross Negligence |
Dec 2017 |
August 2018 |
Disciplinary process was in progress however employee resigned and resignation was accepted. |
3 |
Breach of PFMA and non-compliance to Procurement |
Gross Negligence |
May 2018 |
July 2018 |
Disciplinary process was in progress however employee resigned and resignation was accepted. |
4 |
Fruitless and wasteful expenditure due to children that turned 23 was not removed from the Bankmed dependency list. |
Negligence |
June 2018 |
July 2018 |
Final Written warning issued to employee |
5 |
Misconduct on I.T relate matters |
Suspension |
|||
Referred to CCMA and Labour Court |
|||||
Nr of Labour dispute (a) |
Cause of each dispute (b) |
Set-down date |
Comments |
||
1 |
Prohibition of unfair Labour discrimination |
CCMA |
31 August 2018 |
Recruitment candidate referred matter to CCMA |
|
2 |
Unfair Retrenchment |
Labour Court |
Awaiting Labour Court Date |
Matter occurred in 2016 |
|
3 |
Dismissal: Disorderly Conduct and Unacceptable Behaviour |
CCMA – Arbitration |
27 August 2018 |
FAIS OMBUD
The four disputes were initiated in 2017, the last initiated in 2018. Only the fifth has been resolved by way of settlement of four months’ salary. The monetary value of the settlement figure was R117 859.72
PFA
(1)(a)(ii) The Office of the Pension Funds Adjudicator currently has two unresolved labour disputes whose details are as follows:
On 4 August 2015, Mr Mbono was dismissed by the OPFA for poor performance (having followed a poor performance process). Mr Mbono referred an unfair dismissal dispute to the CCMA, alleging his dismissal was procedurally and substantively unfair.
The CCMA found that Mr Mbono’s dismissal was fair and issued an arbitration award to this effect. Mr Mbono then applied to the Labour Court to have the arbitration award reviewed and set aside. Whilst the pleading stage in the matter is closed, the matter has not yet been set down for hearing.
The OPFA has very good prospects of being successful in the review application.
A former Admin Assistant, Ms Nthabiseng Maleka, was dismissed in July 2018 due to excessive usage of the OPFA’s telephone for her private and/or personal use. Ms Maleka referred a dispute to the CCMA alleging her dismissal was unfair.
The dismissal was effected following several warnings of misconduct to Ms Maleka for similar misdemeanours, the last of which was a final written warning in September 2017.
In addition, in December 2017 a meeting was held with all staff and employees were specifically warned about excessive usage of the work telephone for private/personal reasons. The conduct from the employee did not stop and excessive usage was once more noticed for the months after the meeting in December 2017. At her disciplinary hearing held in April 2018, the employee pleaded guilty to the misconduct and the chairperson therefore recommended dismissal as the appropriate sanction.
Conciliation was held on 6 August 2018 but the matter could not be conciliated. The matter is now awaiting arbitration proceedings at the CCMA. No date has been provided for these arbitration proceedings.
The OPFA anticipates that it has very good prospects of being successful in defending the arbitration proceedings.
PIC
(1)
|
Nature of misconduct |
Outcome |
Recorded |
Finalised |
2015/16 |
|
|
||
1 |
Performance related |
Mutual Separation |
Feb – 15 |
Apr - 15 |
1 |
Performance related |
Mutual Separation |
Feb – 16 |
May-16 |
1 |
Absent without authorisation |
Dismissal |
Apr – 15 |
May – 15 |
1 |
Absent without authorisation |
Final written warning |
Jun-16 |
Jul-16 |
1 |
Breach of policy |
Written warning |
Sep-15 |
Oct-15 |
1 |
Dishonesty |
Resignation |
Jul-15 |
Aug-15 |
2016/17 |
|
|
||
1 |
Performance related |
Mutual Separation |
Sep-16 |
Mar-17 |
2017/18 |
|
|
||
1 |
Insubordination |
Written warning |
May-17 |
Jun-17 |
1 |
Breach of policy |
Mutual Separation |
Nov-17 |
Apr-18 |
1 |
Possession of unauthorised documents |
Dismissal |
Nov-17 |
May-18 |
1 |
Dereliction of duties |
Dismissal |
Mar-18 |
Apr-18 |
1 |
Insubordination |
Final written warning |
Mar-18 |
Mar-18 |
(2)
Reason |
Number of cases |
Monetary value (Rands) |
Date |
Negotiated Termination
|
1 |
1,270,466 |
Apr – 15 |
1 |
2,219,191 |
May – 16 |
|
1 |
143,937 |
Mar – 17 |
|
1 |
7,250,000 |
Apr – 18 |
|
Total |
4 |
10,883,594 |
SARS
The information provided in this report relate to all labour disputes that are currently being faced and referred to external labour tribunals. The Table below provides the number of CCMA disputes SARS is currently facing. The table also refelcts the figures broken down per the nature and cause of the dispute, per financial year of referral:
The Table below provides the number of labour disputes SARS is currently facing at the Labour Court and/or Labour Appeal Court. The table also refelcts the figures broken down per the nature and cause of the dispute, per calendar year of referral:
(d) on what date was each dispute ((ii) resolved;
The focus of this report is on answering the question of “dispute currently being faced” and therefore those that are open and still in progress at the relevant tribunal. Dates of resoution are therefore not yet availble until these matters are resolved.
(2) (a)(i)(ii)
The Table below provides the number of SARS employees having been dimissed over the past 5 financial years, against the reasons for the dismissals:
Terminations Reasons |
2013/14 |
2014/15 |
2015/16 |
2016/17 |
2017/18 |
2018/19 YTD |
Grand Total |
Abscondment |
2 |
1 |
1 |
1 |
2 |
7 |
|
Discharge Incapacity Ill Health |
3 |
2 |
4 |
1 |
3 |
13 |
|
Discharge Incapacity Poor Work Performance |
1 |
1 |
2 |
||||
Dismissal Misconduct |
51 |
40 |
25 |
29 |
52 |
15 |
212 |
Grand Total |
57 |
44 |
30 |
31 |
57 |
15 |
234 |
(b)(i) what number of the specified employees were paid severance packages and
Terminations Reasons |
2013/14 |
2014/15 |
2015/16 |
2016/17 |
2017/18 |
2018/19 YTD |
Grand Total |
Severance Package |
2 |
2 |
|||||
Grand Total |
2 |
2 |
(ii) what was the monetary value of each severance package?
Due to confidentiality provisions associated with employees’ personal information, as protected by the Protection of Personal Information (POPI) Act, SARS is not in a posiiton to disclose more detailed information regarding this.
SASRIA
Sasria is currently not facing any labour disputes.
TAX OMBUD