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Transcript of THE OFFIIAL OMMUNIATION FOR ALL IMPSA MEMERS 2nd.pdf · I became a member of the Institute in...
1
I N S I D E
T H I S I S S U E :
Meeting time
again
1
Message from
president
2
Community of
practice
3
Meet the execu-
tive
4
Back to the
future
5
Case law 7
Time for change 8
2 0 1 6 / 0 5 I S S U E 2
www.impsa.co.za
IMPSA Code of
Conduct
10
Personalia 12
LLM in Local
Government
13
Benefits of being
a member
14
Photo Page 15
Back page 16
THE OFFICIAL COMMUNICATION FOR ALL IMPSA MEMBERS
IMPSA Institute Board Meeting: 6 May 2016
A sincere word of thanks to the Norlanga Branch for hosting the Institute Board Meeting on
Friday, 6 May 2016. Members of the Institute Board were treated to a very special meeting
at the Berg en Dal Bush Camp in the Kruger National Park. After arriving on 5 May 2016 as
well in the as early morning of 6 May 2016, members had the opportunity to go for game
drives through the Park and several members were extremely lucky to see the Big Five (Lion,
Elephant, Buffalo, Leopard and Rhinoceros), as well as many other animals like zebra, impala,
waterbuck, warthogs, giraffes and many more in such a short timespan. On Thursday
evening the members were treated to a braai at the camp, with the sounds of lions roaring in
the background as well as elephants breaking the branches of trees and monkeys fighting in
the trees. A very exciting evening for all present.
Matters discussed at the Institute Board meeting included Topics for the free workshops to
be held nationally, progress on the arrangements for the International Conference taking
place from 24-26 October 2016 at Emperor’s Palace (see article elsewhere in the newsletter)
as well as progress made with the actions identified in the Strategic Plan. The Institute Board
members concluded the meeting re-energised and excited about the months ahead before
the next meeting, ready to continue with their responsibility of building IMPSA into the
leading voice for the HR profession in local government.
2
Message from the President
Thank you for reading the second edition of IMPSA News! We are excited
that this edition will be as informative to you as the previous one. As
promised, the newsletter is published quarterly and strives to bring news
and pertinent information regarding relevant topics in human resources to
IMPSA members and all HR staff in municipalities nationally. Our goal is to
provide useful information in an easily navigated format. In this edition we
share some interesting case law regarding the emergence of a new Union,
the Municipal and Allied Trade Union of South Africa (MATUSA) as well as
Labour Appeal Court judgement regarding sexual harassment and an
interesting article about how to deal with change in light of the upcoming
municipal elections.
IMPSA is further extending the invitation for members as well as non-
members to become part of our Community of Practice. The focus for the
CoP is not managerial, but operational. We therefore urge HR Practitioners
to join the CoP in order to establish a national network of experts in their
specific HR disciplines who can support each other. Please join us!
This publication and all future publications can be found on the IMPSA
website (www.impsa.co.za). The editorial team hopes that you will find the
second edition of IMPSA News very informative.
Please send us your comments and critiques in order for us to ensure this
newsletter serves our audience in the best way possible. We also
encourage you to share this newsletter with your colleagues and contacts
who may be interested in the information provided. Let us know if there are
any topics that you want us to cover in the IMPSA News. Thank you for
your continued interest in IMPSA, and we look forward to your feedback.
Sincerely
Sunet de Jongh (President)
www.impsa.co.za
3
www.impsa.co.za
IMPSA’s Vision 2020 is to be the leading voice and a career partner for the human resources
profession in the local government in Southern Africa. The mission statement flowing from the
vision is to promote the interests of the Human Resource practitioners in local government to
enable them to render professional and ethical services to their clients.
One of IMPSA’s core values is Continuous Learning. The Institute and its members value
continuous development of the IMPSA and HR profession in the local government.
Our definition of victory for the IMPSA Vision 2020 is to become a career partner. In order to
obtain this, a resolution was taken at our most recent strategic session to establish a Community
of Practice (CoP) for all human resources disciplines in local government as support role-players
to engage with each other as well as members on a systematic basis to share information,
lessons learnt and good practices related to HR management in local government. A CoP is
formed by people who engage in a process of collective learning in a shared domain of human
endeavor. In a nutshell:
A CoP is a group of people who share a concern or a passion for something they do and who
interact regularly to learn how to do it better.
A number of characteristics explain CoP’s as a vehicle for developing strategic capabilities in organizations:
CoP’s enable practitioners to take collective responsibility for managing the knowledge
they need, recognising that, given the proper structure, they are in the best position to
do this.
Communities among practitioners create a direct link between learning and performance
because the same people participate in CoP’s and in teams.
Practitioners can address the tacit and dynamic aspects of knowledge creation and
sharing. CoP’s are not limited by formal structures; they create connections among people across
organisational and geographic boundaries. The concept of CoP is influencing theory and practice in many domains. It has now become the foundation of a perspective on knowing and learning that informs efforts to create learning systems in various sectors and at various levels of scale, from local communities to single organizations, partnerships, cities, regions, and the entire world. If you are interested in contributing to the development of this CoP and/or if you would like to be
a member of the IMPSA CoP, please submit a detailed Curriculum Vitae together with a letter
indicating your area of expertise and motivating why you should be included in the IMPSA CoP,
to Abongile Swelindawo at [email protected] by 30 June 2016.
COMMUNITY OF PRACTICE
4
Tell us more about yourself and your work position?
I started my career in Local Government as Training
Officer at Nelspruit Town Council in 1987. I moved
through all the disciplines of Human Resources during
my tenure and is currently responsible for managing
recruitment and selection, organisation development
and individual performance management at
Mbombela Local Municipality.
Mbombela Local Municipality covers the towns of
Nelspruit, White River, Hazyview, Kanyamazane,
Kabokweni and Matsulu in an area of approximately
3500 square kilometres.
Managing Human Resources at Mbombela Local
Municipality and serving a diverse community in such a
vast municipal area keep my work challenging and
fulfilling.
I am married to Frieda and we have two children and
two grandchildren.
What did you want to be when you were a child?
I grew up on a farm in the Waterberg district in Limpopo 10 kilometres out of town and used to
watch the road maintenance teams grading the gravel road after a thunderstorm and admired
their skills in doing the final cut. I wanted to be that man in the Grader.
It did not turn out that way and I still admire the skills of the people operating those big yellow
machines.
What was your first job?
I studied B.Com (HED) to become a teacher but I did not do the Higher Education part and joined
Volkskas Bank. I then moved on to the Development Bank of South Africa as Training Manager
which move started my career in Human Resources.
What do you do in your spare time?
I read a lot (anything that is not nailed to the floor), do some amateur photography especially in
the Kruger National Park and love to travel both locally and occasionally abroad.
My wife hails from Namibia and we spend quite some time visiting family and friends over there.
What changes do you bring for the institute?
I became a member of the Institute in January 1989 and was an active member ever since.
I am the current National Treasurer and Treasurer of the NORLANGA Branch, two positions that
keep me pretty busy and informed about the activities of the Institute.
My main purpose is to ensure sound financial practises and good financial governance thereby
ensuring that member contributions are properly managed and taken care of.
Nic Erasmus (National Treasurer)
www.impsa.co.za
5
www.impsa.co.za
Inter-union competition can be expected to intensify in the run-up to the launch of South Africa’s newest trade union federation, as unions supporting the new movement and those loyal to Cosatu try to increase their membership. This may give rise, most obviously, to recognition disputes and disputes over organisational rights. The CCMA’s award in MATUSA obo Members v Stellenbosch Municipality & others (Case No.: WECT 15859-15, 22 March 2016) gives some insight into how commissioners may deal with the latter type of dispute.
The matter arose from an attempt by the Municipal and Allied Trade Union of South Africa (MATUSA) to gain organisational rights at Stellenbosch Municipality. The union, which is aligned with the emergent federation, has been formed by disgruntled former members of SAMWU, which is a Cosatu affiliate Significantly, its application was opposed by SAMWU and IMATU but not by the Municipality or the municipal employers’ association (SALGA).
This is not completely surprising. SAMWU and IMATU currently make up the labour side at the local government bargaining council, SALGBC, and between them organise a majority of employees at Stellenbosch Municipality. However, the emergence of AMCU in the mining sector has shown the effect that a minority union can have on established unions and bargaining arrangements if it is seen to defend workers’ interests which the latter are neglecting.
Specifically, MATUSA was claiming organisational rights in terms of section 12, section 13 and section 15 of the LRA – that is, access to the workplace, stop order facilities and leave for trade union activities. One problem was that the national bargaining council agreement, applicable to the entire local government sector, prescribes a 15% national membership threshold before a union may be granted organisational rights.
However, MATUSA relied on the new section 21(8C) of the LRA – enacted to modify the rigidities of the LRA’s majoritarian system – which provides that section 12, 13 and 15 rights may be granted to a union “that does not meet thresholds of representativeness established by a collective agreement” if that union represents “a significant interest, or a substantial number of employees, in the workplace”.
It was common cause that MATUSA represented 15% of the workforce at Stellenbosch Municipality, compared to IMATU’s 29% and SAMWU’s 25%. Coincidentally, 15% was also the national threshold agreed to by IMATU and SAMWU - which, wisely, the latter two unions did not claim to be insignificant. Instead, they sought to persuade the commissioner that, despite section 21(8C), the national threshold must prevail.
MATUSA, they argued, was “opportunistic” in trying to “circumvent” the main agreement. If organisational rights are granted at an individual municipality, they said, “the system of cooperative governance, as prescribed by the Constitution, including the main collective agreement, will be undone”. Perhaps more to the point, they warned that granting organisational rights to MATUSA would “interfere with the Bargaining Rights that they enjoy at the Council level” (paras 18, 46 and 56 of award).
6
The first question was whether Stellenbosch Municipality constitutes a “workplace” as referred to in section 21(8C). “Workplace” is defined in section 213 of the LRA as “the place or places where the employees of an employer work”. But, if an employer carries on two or more operations, these will be separate “workplaces” if they are “independent of one another by reason of their size, function, or organisation”.
How to apply these criteria has often proved to be controversial and, if anything, commissioners and courts have been cautious in recognising different branches or sites of an organisation as “independent” workplaces. In the present case, however, the commissioner had no hesitation in ruling that the municipality was an “independent entity” (para 57).
There can be little doubt that this finding is correct. The large (sometimes extremely large) size of municipalities, the fact that each is accountable to a different electorate and that they operate under vastly different conditions, which must impact on their functions and organisation, all point in this direction.
The commissioner also accepted that MATUSA, with 15% membership, had a “significant interest” in the workplace and that, on this basis, section 21 empowers the CCMA to grant organisational rights at the workplace despite the threshold stipulated in a collective agreement.
The commissioner also responded to the concerns raised about the integrity of the national collective bargaining structure, pointing out that MATUSA had applied for organisational rights and not for bargaining rights. Of course, building support through the proper use of organisational rights may place a union in a position to claim recognition as a bargaining partner.
But this is the very purpose of organisational rights, interpreted in accordance with the LRA’s purpose of promoting “social justice, labour peace and the democratisation of the workplace” (s 1). There can be no justification for seeking to compel workers to be represented by a union in which they have lost confidence by preventing another union from seeking to represent them through democratic means.
This also answers the argument by IMATU and SAMWU that it would “make little sense to grant organisational rights” to MATUSA because, with 15% membership, “it does not have the ability to meaningfully bargain collectively” (para 47). The reality is that MATUSA’s membership may not remain where it is and that the union might qualify for membership of the bargaining council in due course. Whether it does will depend on many factors, not least its track record compared with that of IMATU and SAMWU from here on.
Significantly, the award records that MATUSA has declared similar disputes with various municipalities, of which five have already been referred to the CCMA and another three are pending.
If this represents a broader trend, also in other sectors where established unions have lost support, trade unionism in South Africa could potentially be shifted away from the centralised, bureaucratised mould it has fallen into over the past two decades and regain something of the energy, accountability and responsiveness to members’ needs which had characterised it in earlier years.
If this happens, the collective bargaining landscape could change significantly – and, with certain political leaders reliant on the unswerving support of loyal trade union allies, so could the political landscape.
Darcy Du Toit. Article borrowed from the IR Network (6 May 2016)
www.impsa.co.za
7
BACKGROUND
“After dinner at a guest lodge during a business trip to Botswana, Adrian Simmers (hereinafter
referred to as ‘the Respondent’ or ‘Mr. Simmers’) invited another guest, Catherine Markides
(hereinafter referred to as “Ms. Markides”) to his room. Ms. Markides was not a co-employee but
an external consultant who worked for Loci Environment (Pty) Ltd. Mr. Simmers and Ms.
Markides were both in Botswana relating to a joint project their companies were working on.
According to Ms. Markides, the Respondent, in addition to the room invitation, told her that he felt
lonely and made advances towards her. She refused the request and the Respondent asked her
to phone him in the middle of the night if she changed her mind.
According to the Respondent, he asked Ms. Markides once and half-jokingly, ‘do you want a lover
tonight?’ After Ms. Markides rebuffed the request, he said to her: “come to my room if you change
your mind”. This was merely a once-off incident and he did not persist with his conduct after she
rebuffed him.
Ms. Markides complained that she felt insulted and shocked by the Respondent’s conduct and
also voiced concern about comments made by the Respondent about another male colleague
who was present at the lodge, a one Mr. Le Roux. After she informed the Respondent’s
employer, Campbell Scientific Africa (‘the employer’) about the incident, the Respondent was
charged with sexual harassment and was subsequently dismissed.
For the full judgement follow the link :
“DO YOU WANT A LOVER TONIGHT?”
FOUND TO BE MORE THAN JUST TRYING
HIS LUCK –
THE LABOUR APPEAL COURT’S REVIEW
http://www.justice.gov.za/labourcourt/jdgm-lbc/2014lbc/C751-13.pdf
www.impsa.co.za
8
The change may come – or maybe not? How do you, as an HR practitioner, help the personnel deal with
these changes?
By: Karel van der Molen
By the time that you read this article the formal promulgation of the local government elections will have taken place and the election machinery, both at political as well as administrative level will be grinding into gear. And so, between now and the end of the first week of August 2016 it will be a time of high politics and high pressure for many working in the local government environment. The very nature of everything that an election brings about most does affect everyone to a greater or lesser degree. But for many, life will just go on as before – the daily responsibilities must be attended to, customer and client needs must be dealt with as the work of the municipalities continues. But, having said that, it is important to say that there will, inevitably, be some changes that will take place. There will be, in many instances, a whole raft of new politicians, there could be changes in political leadership and these will, equally inevitably, bring about not only new leadership teams but also new leadership styles – some of which may differ quite radically from what was there before. There could be change! Or not! You just don’t know …… And so, how do you, as an HR practitioner prepare the officials for the possible change? What do you do to help the officials cope with the issues? And, equally important, do you have a support structure to help you? So often, it is expected of the HR practitioner to “keep your head when all about you are losing theirs”. It has been my experience, over the years and when dealing with the issues of change, that no matter how small the issue may appear to us as HR practitioners, it could be something which fills the mind of the affected person with all manner of emotions and which could have an effect on their work and productivity. So what do we need to do? Firstly, respect the person’s privacy and keep confidential any discussions which you may have with them,
they have come to you as a trusted individual and someone that they feel they can communicate with and share their feelings at this (for them) difficult time.
It is important at the outset to let everyone know that we are constantly available to assist and guide and be
a “willing ear” for those who are feeling concerned, fearful or just plain uncertain about what the future might hold in for them – remember, in most, if not all cases, this is not about them, it is about their immediate families and other dependents. It is, oh so wrong for us to say something like “don’t worry, nothing will happen” or “you really don’t have to be concerned – your job is assured”. Nothing in this world, as we know only too well is certain – except death and taxes. So, our words and actions must always express our willingness to help and show that we do indeed care.
It then goes without saying that one must be a good listener and allow the person sitting opposite us to be able to talk things out and also then come to terms with and accept potential or actual negative situation. What is important as well is that we should never start a “blame game” – “it’s what one can expect from that political party” or “so-and-so is that type of person”. In many instances the situation has arisen for completely different reasons, but it is then easy to point the fingers at someone else.
www.impsa.co.za
9
Coupled with that is also the need to present facts and constructive possibilities that might arise out of this situation. This must be dealt with in a very sensitive manner as one does not want the person to get the feeling that you are trying to fob them off with ideas and options – they must be gently taken (you will notice I did not say “led”) to the place where they begin to see that there may well be some prospects and opportunities in the future.
It may also be that you, as an experienced HR practitioner, realise at a particular point that the issues that the person is asking for assistance and guidance on are beyond your areas of expertise. You see that there is possibly professional help that should be sought to help the person over the difficulties at this time. In that instance, arrange this if the person is unable to do so, or encourage the person to see the help. It could also be that the person needs help with something a little more mundane, such as a CV or a covering letter, should they take the decision to leave the service of the municipality and seek opportunities elsewhere.
I have no doubt that each of you reading this have some very good ideas as to how to deal with this workplace
change which may (or may not) take place and I would certainly encourage you to share these with your colleagues
– always bearing the IMPSA Professional Code of Conduct at the forefront of everything that you do! It is important
to emphasise that approaching change at work with a supportive, challenged and self-confident staff will deliver a
long-term win-win result for you, them and for the employer – and ultimately for the service delivery to the
community.
Karel van der Molen is an Extraordinary Lecturer at the School of Public Leadership at Stellenbosch University and
an admitted attorney and Master HR Practitioner. He serves on the Western Cape Committee of the South African
Board for People Practices and the COMENSA Ethics Portfolio Committee and can be contacted at [email protected]
or 083 444 5891.
www.impsa.co.za
10
PROFESSIONAL CODE OF CONDUCT OF THE INSTITUTE OF MUNICIPAL
PEOPLE PRACTITIONERS OF SOUTHERN AFRICA
1.1 Definitions
Subject to any provision of law, unless the context otherwise indicates, the
same meaning is ascribed to the various terms defined herein as that which is
defined in clause 1 of the Memorandum of Association.
2 INTRODUCTION
2.1 The Institute Board is of the opinion that a professional code of conduct,
comprising general principles which members must observe, shall serve as a
guide for all members to uphold the highest standards of integrity and
independence which is fundamental to the profession of personnel
practitioners.
3 GENERAL
3.1 A Personnel Practitioner
3.1.1 Shall make the public interest his priority in the execution of his
responsibilities to his employer, employee, or client and the profession;
3.1.2 Shall conduct him in such a way as to uphold the dignity, esteem and good
name of the profession;
3.1.3 Shall fulfil his duty toward his employer, employee or client to the best of his
ability;
3.1.4 Shall not accept work for which he is not adequately trained or does not have
sufficient experience;
3.1.5 Shall not recruit or solicit professional employment in an improper manner;
3.1.6 Shall not advertise his professional services in a self-laudatory manner or in
any other way which is detrimental to the dignity of the profession;
www.impsa.co.za
11
4 PERSONAL INTERESTS
4.1 Members serving in municipalities shall abide by the rules relating to those
bodies, in particular any provisions concerning divulging financial interests. If
there are no such provisions, members shall voluntarily reveal any interests in
the same way as is expected of Board members.
4.2 The adopted principle is that the interests of the employing body shall prevail
at all times and a member may not, under any circumstances, profit by or
receive commission from any transaction in which the municipality has an
interest, either directly or indirectly, irrespective of whether the municipality is
adversely affected by it or not.
5 HOSPITALITY AND GIFTS
5.1 No member of the Institute may receive gifts arising from his professional
work, with the exception of presents of such a nature as to be regarded only
as mementos, or not such gifts influence him or are meant to influence him in
the execution of these professional duties.
6 ADVICE TO MUNICIPALITIES
6.1 It is the duty of every member to promote the manpower principles of the
municipality which he serves and, when necessary, openly and clearly to give
advice concerning the financial consequences of any proposed action. He
himself shall abide by all requirements of law and ensure that the law is
applied in all activities with which he are directly involved or of which he is
aware.
3.1.7 Shall not compete for work in an unethical manner;
3.1.8 Shall not maliciously or recklessly damage the good name, prospects or
interests of any other person or organisation, either directly or indirectly;
3.1.9 Shall not use, for his personal gain, or make public any information
concerning any person or organisation with which he has dealings in
practicing his profession. In a court of law professional privilege will only be
broken in compliance with an instruction of the presiding office in the court;
and
3.1.10 shall at all times and in all circumstances, as regards personnel practice, act
in accordance with the regulations as prescribed by the South African Council
for Personnel Practice.
www.impsa.co.za
12
I would like to announce the passing of
IMPSA’s former President Ms Maria
Masekela who passed on the 9th April 2016
at the age of 75 after suffering from a stroke
attack in August 2015. She was buried on
the 16th April 2016. She was in the Gauteng
Branch until her retirement in September
2006.
We would want to congratulate Mr Thami
Sidzamba who partook in the Tsogo Sun
Amashova Durban Classic cycling event and
finished the 106km in 05h09 minutes. The
cycling race was from Pietermaritzburg to
Durban, where the finishing line is at the
Moses Mabhida stadium.
The best and most beautiful
things in the world cannot
be seen or even touched.
They must be felt with the
heart.
Challenges are what make
life interesting and over-
coming them is what
makes life meaningful.
www.impsa.co.za
13
IMPORTANT NOTICE
Name of module
Prerequi-site mod-ule code, where ap-plicable
Co-requisite module code, where applicable
Major Yes/ No
Compul-sory Yes / No
Year of study
Delivery mode: Contact / Distance
Legislative Drafting: Drafting of By-Laws
N/A N/A Yes Yes 1 Contact via Block release
Local Government Law N/A N/A Yes Yes 1 Contact via Block release
Local Government Procurement Law
N/A N/A Yes Yes 1 Contact via Block release
Individual Employment Law N/A JML503
JML515 Yes Yes 1 Contact via
Block release
Collective Bargaining and Col-lective Labour Law
N/A JML503
JML515 Yes Yes 1 Contact via
Block release
Treatise JML501 JML503 Yes No 1 Distance
Treatise (Local Government Law)
TBA 2 TBA 3 Yes No 1 Distance
LLM Research Seminar N/A N/A No Yes 1 Contact
The Nelson Mandela Metropolitan University is considering implementing a coursework LLM
with a local government focus at its George Campus in 2017.
The contact sessions will be in blocks of one week at a time and it will be offered over a
period of 2 years.
The admission requirements and the modules are listed below.
The labour law modules will be local government aligned to local government.
Prof Hennie van As has requested that recipients be informed of the proposed initiative and
to enquire whether you may be interested in enrolling for such course should it materialise.
ADMISSION REQUIREMENTS
Unless Senate decides otherwise, candidates shall be admitted to the studies for the
Master of Laws/Magister Legum coursework and research degree only if they
Have obtained an average mark of at least 60% for the degree of Bachelor of Laws/
Baccalaureus Legum or the equivalent thereof, or
Have, in the opinion of Senate, attained through practical experience or otherwise a
level of competence which is adequate for the purpose of postgraduate studies in
Law.
TABLE A: Technical information
www.impsa.co.za
LLM WITH LOCAL GOVERNMENT
FOCUS
14
Categories of Membership
New applications are admitted as Members
Practitioners
A Member who is in possession of a NQF-Level 6 tertiary qualification may apply to be
upgraded to Practitioner member if they have gained extensive experience in HR practice of at
least 5 years in Local Government. The administrative fee to be admitted as Practitioner is a
once-off R250 and a full Curriculum Vitae has to be submitted to the National Secretary for
submission to the Institute Board.
Fellow
A class of membership of the Institute of which a person may be elected by the Institute Board
in terms of Clause 2.4 of the Regulations of the Institute.
Honorary Member
A class of membership of the Institute of which a person may be elected by the Institute Board
in terms of Clause 2.7 of the Regulations of the Institute.
Benefits of Membership
Becoming a Member of IMPSA has several benefits for individuals, the most important being the
opportunity to network with other HR Practitioners at municipalities.
Other benefits include:
Free Workshops on HR matters pertaining to municipalities
Forums to discuss matters of mutual interest
Attendance of Workshops and the Annual International Conference at a reduced rate
Voting rights at Branch and Annual AGM
Cost of Membership
Membership fees are R300 per year payable in March every year. In the event of joining
IMPSA later in the year, new members are required to pay the Pro-Rata amount as set out
below:
Joining Month Pro Rata Amount Joining Month Pro Rata Amount
March R300 September R150
April R275 October R125
May R250 November R100
June R225 December R75
July R200 January R50
August R175 February R25
www.impsa.co.za
16
www.impsa.co.za
Editor-in-Chief
Abongile Swelindawo
This is Bill
Bill is a member of IMPSA
He plans on going to the conference
Help bill find his way
Bill is smart
Be like Bill