Speaking at the official opening of a four-day Source Africa 2013 event, which is being held in Cape Town, October said that South Africa has been able to stop the decline of the clothing, textiles, leather and footwear sectors by implementing strategies which made the sectors globally competitive.

“Local retailers are increasing procurement from local manufacturers and there is confidence starting to be shown by the new investment in the sectors. CTCP stopped the employment decline in these sectors and more than 12 000 new permanent jobs have been created.

“Local retailers have committed to local procurement in support of manufacturing companies. Over 400 companies were assisted under the CTCP, with R1.5 billion worth of applications approved,” said October on Wednesday.

The programme, which was launched in 2010, is aimed at improving the global competitiveness of the sector through a range of structured interventions covering all aspects of business operations, from very specific technical skills through to generic business skills.

Other Southern African Customs Union (Sacu) countries have embraced the programme’s concept, said October, adding that Swaziland was in the process of implementing the programme. 

“Some Less Developed Countries (LDCs) have taken full advantage of International Trade Agreements like Agoa [African Growth and Opportunity Act] to build on their industries.

“Through these interventions, countries like Lesotho have seen their textiles and clothing sectors growing to the extent that they are now one of the biggest manufacturers on the continent both in fabric and garments,” he added.

Agoa offers incentives for African countries to continue their efforts to open their economies and build free markets. It aims to expand US trade and investment with Sub-Saharan Africa; stimulate economic growth; and promote a high-level dialogue on trade and investment-related issues, among others.

Under the Act, Agoa countries are eligible to ship goods to the US without having to pay import duties.

October also highlighted that intra-trade amongst African countries was also important as the industry had growth potential.

“These sectors are labour intensive and have the potential to create large employment, especially in the garment manufacturing sector where the investment is low but the job creation is enormous.”

The event is supported by the USAID Southern Africa Trade Hub and is designed to highlight what Africa has to offer in textiles and apparel, giving the world a first-hand look at the quality, workmanship and sophistication available in the region. – SAnews.gov.za

The country has 18 SIPs, with SIP 14 projects directly dealing with the backlog in higher education infrastructure. This includes the building of two new universities in the Northern Cape and Mpumalanga (preparatory work for which has started); building Further Education and Training (FET) colleges, student accommodation and the refurbishment of existing universities.

Speaking at The New Age breakfast briefing, held in Fourways on Thursday, Nzimande said this included the building of 12 new FET college campuses and extensive upgrading of two existing FET campuses.

“SIP 14, on its own, is a R12.6 billion initiative — R2.5 billion for FET infrastructure, R8 billion for various university infrastructure projects, which includes R2 billion co-funding from the universities themselves, and R2.1 billion for the two new universities.

“The infrastructure programme will, among others, yield jobs in construction-related areas, such as … the built environment professional space; engineering in different manifestations; construction material manufacturing and retail; training, as well as other potential entrepreneurial activities,” Nzimande said.

Nzimande said this also created an opportunity for skills development through learnerships, apprenticeships, internships and graduate.

Some of the SIPs already underway included unlocking the Northern Mineral Belt; building the Durban-Free State–Gauteng Logistics and Industrial Corridor; a range of energy and water projects, as well as addressing basic service infrastructure in the 23 poorest districts in the country.

Nzimande said he was mandated to ensure the construction of these projects produced learning opportunities for people on a significant scale.

“In terms of its key mandate, the main contribution of the Department of Higher Education and Training towards the creation of jobs is primarily through the supply of the skills required to build the various sectors of the economy. However, in executing this core function, it also contributes directly to the creation of jobs through the employment of academic and support staff.

“The second opportunity presents itself in the creation of jobs through its post-school infrastructure expansion programme.

“The third opportunity is providing a mechanism for skilling and training individuals within the built environment, artisan development and placement of students for Work Integrated Learning across all 18 SIPs,” he said.

The department is investing more than R74 million from the National Skills Fund into the Labour Market Intelligence Project (LMIP), a programme it is executing in partnership with the Human Sciences Research Council and universities.

“The goal is to devise a credible institutional mechanism for skills planning in our country,” Nizmande said. 

He acknowledged the Executive Mayor of City of Tshwane, Kgosientso Ramokgopa, for his recent announcement, committing to absorb at least 500 FET trainee/graduates in the City on annual basis.

Nzimande urged business and everyone to strive to establish partnerships with and build the capacity of FET colleges. – SAnews.gov.za

Thabethe was speaking at a three-day techno-girl entrepreneurship workshop held at the Mittah Seperepere Convention Centre, Kimberly, Northern Cape.

“We as government in general, and the dti in particular, are investing in developing young girls in order to ensure that they do not become a liability, and a burden to the state, but contribute meaningfully in the country. This they can do by establishing their own businesses and creating employment. We want to create youngsters who will be creators of jobs and not seekers of jobs,” said Thabethe.

Learners from 10 Northern Cape schools participated in the three-day workshop that kicked off on Friday.

The workshop forms part of the dti’s Technology for Women in Business (TWIB), which seeks to introduce young girls to multitudes of career opportunities in various sectors of the economy they can pursue.

The workshop encouraged innovation.

“The earlier investment we make towards the entrepreneurial development of girls; the greater the returns pumped back into our economy will be. These rewards include becoming successful women entrepreneurs, through the invention of innovative technological products,” she said.

The schools had been tasked with the responsibility of supporting the girls in developing a viable business plan, which they presented in front of a panel of judges on Saturday.

The business ideas presented were required to respond to pertinent issues of technology and innovation, among others.

At the workshop overall winners were presented with various prizes.

As a reward for being focussed, Boitumelo Oliphant was surprised by the deputy minister who awarded her with a trip to the Global Summit of Women which will be held in Malaysia in June. Oliphant is a pupil at the Tetlanyo high school.

Oliphant will accompany Thabethe to the summit as well as attend the dti’s Budget Vote in Cape Town.

“She always showed confident and focus. Her presentation skills were extraordinary,” said Thabethe at the end of the workshop on Sunday.

“I thank all the Tetlanyo learners without whom I could not have been noticed by Deputy Minister Thabethe. I am going to take full advantage of it and use it as my stepping stone to achieve even greater things in life,” said Oliphant.

Her school presented a business idea on a four in one washing machine that rinses, dries and irons. The girls did not get the first price, but they were awarded for brilliant participation, good presentation skills and team work, amongst others.

Learners from the Kimberley-based school each received a mobile phone.

Thabethe added that Techno-girl programme was also aimed at encouraging girls to focus on Maths, Science and Technology with the aim of encouraging them to pursue careers in Engineering, Science, Technology and Entrepreneurship. - SAnews.gov.za

A central objective of the current round of amendments to labour legislation is to deal with the increase in labour broking and, in particular, with the abuses associated with the practice and the way in which it deprives many workers of basic protections under labour law. (Comment: note abusive practices not banned)

Dealing with labour broking will require additions to labour legislation to provide added protection for employees on fixed term contracts, part-time and temporary employees. It will not be desirable to rely on self-regulation or codes of conduct to deal with the kind of abuses that have occurred. (Comment as business we suggested a code of practice. In the negotiations we are at the stage where the legal teams brief is to expand on Section 198(TES) of the Labour Relations Act.)

As government, our intention is not to limit the right of persons to work in the way that they choose, but rather to ensure that workers on fixed term contracts have the same rights as other workers and that it is clear who the employer is when such a person works for a client. (Comment: Regulate fixed term contracts as well)

Equally, the businesses that make use of fixed term contract workers will have to accept their responsibility as the employer of such a worker. They cannot engage in unfair dismissals through contract termination. Legal amendments to regulate fixed term contracts, temporary work, part-time work and the temporary employment agency sector is a major part of the reforms that we seek to introduce. These are not the only changes, however. Progress in the NEDLAC negotiations The NEDLAC team that is engaging on the amendments has decided to discuss changes under a number of themes and to broaden the scope of amendments further. (Comment: The regulation of all forms of atypical employment)

• Atypical work

• Dispute resolution

• Compliance and enforcement

• Access to employment

• Equity

• Collective bargaining (Comment: A re-commitment to the NEDLAC process. The only changes will come through NEDLAC)

We would want a final product that enjoys the support of organized business and organized labour. Some concluding comments:

i. Firstly, labour statutes should be simple. Labour law guides the courts, employers and employees as well as labour organisations. It has wide application in daily practice in workplaces throughout the country and it should be understandable.

ii. Secondly, our labour laws need to be coherent. At a time when we are amending three statutes and introducing a fourth, it is imperative that we have coherence between statutes. Conflicting policy considerations will defeat the social objective of the law. (Comment: This is an acknowledgement of the mess that they published in the Bills in December 2010. Overall the most positive statement from Government in the last 24 months)

As we are aware of the urgency attached to these amendments, three meetings are already in the pipeline at NEDLAC to continue with the discussions. There’s a meeting scheduled for this Thursday the 21st and two other meetings on the 2nd and the 16th next month (August). (Comment: The Minister is well briefed)

Lastly, I want to call on the Labour Federations to constantly brief their affiliates about the progress being made at NEDLAC, especially with regards to the labour broking phenomenon. The organised labour is represented at NEDLAC and is one of the strategic partners.(Comment: The Minister is stating we have moved beyond banning and Labour Federations should stop calling for such)

Article Source:http://www.labour.gov.za/media-desk/speeches/2011/media-briefing-on-the-status-of-labour-brokers-and-the-nedlac-negotiations-on-labour-law-amendments-2013-labour-minister-mildred-oliphant

CommentsGavin Magrath

In light of the fact that over 13% of all applicants checked by EMPS in 2010 had a criminal record, with 25% of those convictions being for theft and 33% repeat offenders, it goes without saying that companies should in fact be conducting criminal checks on all job applicants. How companies deal with applicants who do have a criminal record, is more the question.

The first problem arises from the fact that the majority of applicants with a criminal conviction are not honest and upfront with potential employers and recruitment agencies, stating on their CV’s, in application forms and in face-to-face interviews that they have a clear criminal record. This is the first, very fatal mistake, as this gives potential employer/ recruitment agency ammunition to decline the position based purely on misrepresentation and nothing to do at all with the actual criminal record itself. So as far job applicants with criminal convictions are concerned, full disclosure upfront is the best option.

Then, having a criminal conviction is not a reason in itself to decline employment. Potential employers need to check in order to assess their risk, it demonstrates due diligence and is also an important preventative measure to protect against workplace fraud, theft and violence. Once a conviction is picked up, the potential employer then takes into consideration the position applied for by the applicant, the type of criminal record, the nature and gravity of the offense, whether it is job related, and when it occurred. An employer can only decline employment if the criminal record is related to the inherent characteristics of the job applied for. An applicant convicted of fraud in past five years can be declined a position of trust in a finance department.

Further limitations exist, in that employers should be careful to make sure that their applications are legally compliant. An employer may not ask about arrests or detentions that did not result in a conviction. An employer may not ask about pending cases, as South African law says a person is innocent, until proven guilty.

Fair practice is by far the best. Criminal checking is by no means a process to keep rehabilitated individuals out of the job market. We know that they, more than anyone, need to be given a second chance and need employment. It is however vital for employers to know who they are employing.

Kirsten Halcrow is the Managing Director of Employers’ Mutual Protection Service (www.emps.co.za).

In broad terms these principles are the following:

Any person who stores personal and private information about anyone else may not do so without the direct and well informed consent by the effected person. (The act refers to such a person as a ‘data subject’).

Any ‘data subject’ may request to review any information stored about them at any time and such information may not be withheld. The ‘data subject’ may request for corrections to be made to erroneous information and the data holder will be obliged to make such corrections. Should any dispute arise in such an instance a ‘data ombudsman’ as appointed in terms of the act will be available to act in the interest of the ‘data subject’.

No data may be disclosed to any person without the direct and informed authorization by the ‘data subject’. A breach in this regard will be considered a serious and punishable offence.

No alterations or changes of any nature may be made to the information or data kept on a ‘data subject’ without the direct and informed authorization of the ‘data subject’.

No data may be released to any person resulting in the distinctive identification of a ‘data subject’ for the purposes of research, statistics or any other similar purpose.

Practical impact of these principles:

No personal information about anyone in your organization may be shared or transferred to any outsider without consent by the effected person or for a reason recognized by law.

Employees working with the personal information of employees have to be educated on the principles of the new act and how to deal with requests by any person doing enquiries regarding “data subjects’. The golden rule should be not to disclose any information to any person if you are not convinced it is correct to do so. In such an instance a senior managerial employee should be consulted.

No one should hold on to any information or data regarding any employee if it is not crucial for the operation of the business.

Security measures regarding the protection of employee information will have to be reviewed in order to ensure the safe keeping of information.

Sources: Andrew Levy, Labour Bulletin& Draft Legislation.

The most important case of the year

Andrew Levy is firmly convinced that the following case; Nape v INTCS Corporate Solutions (Pty) Ltd (2010) 19 LC 7.1.2, has to be viewed as the most important case of the year. This case has far reaching consequences for all employers in the country and according to Andrew Levy it spells the ultimate demise of South Africa’s last opportunity to achieve labour flexibility via what has previously been a legal stratagem in terms of the LRA.

He contends that this case has its roots in sections 23 of the Constitution where the so-called labour rights are dealt with, and more specifically where it states that every person has the right to fair labour practice. He states the following: “By using the word ‘person’ and not ‘employee’ the constitution makes it clear that fair labour practice does not depend on there being a valid and enforceable employment contract in place”.

The above issue has been challenged in court on a few occasions, with specific reference to the Kylie and Discovery Health cases. According to Levy it was only a matter of time before the issue of fairness in the employment relationship would be tested in the labour broking environment where the contract of employment was not central in the dispute but rather the issue of fair labour practice in terms of a person’s constitutional rights. Finally such a case came along.

Nape v INTCS Corporate Solutions (Pty) Ltd (2010) 19 LC 7.1.2

The facts in this case are briefly the following: INTCS is a labour broker whose major client is Nissan South Africa. The applicant in this case was Nape, an employee of INTCS. Nape was found to be sending objectionable material on the company’s e-mail system and Nissan took exception to this. The labour broker was instructed to remove Nape and “that he was not allowed to darken their doorsteps again”.

The broker placed Nape on suspension with full pay and had a disciplinary enquiry in which it was determined that the offence did not warrant dismissal and the employee subsequently received a final written warning and the employee was sent back to Nissan to resume duty.

“Nissan, like Pharaoh of old, hardened its heart and declined to take the errant employee back into its arms.” At this stage, as is normally the case, the labour broker had very few options available in this regard and had to retrench the employee.

Levy then highlighted the fact that the court, in reaching its conclusion quoted the important Namibian case, African Personnel Services (Pty) Ltd. vs. Government of the Republic of Namibia & others. In this case the court found the legislative banning of labour broking was unconstitutional and that it infringed on the company’s constitutional right of free trade as well as the employers right to flexibility. It also held that the total ban infringed the principle of freedom of contract.

Levy stated quite importantly that the court therefore left the door on labour broking open.

In his analysis he then stated that our Labour Court began by dealing with the question of the constitutional rights to fair labour practices as dealt with in the African Personnel Services case. “It held that in the light of this, even though the client of the Labour Broker was not the employer, it should not do anything which might undermine the employee’s rights not to be unfairly dismissed, such as by entering into a contract with the Labour Broker which allowed it to be in breach of the fundamental rights to fair labour practices as set out in the Constitution”.

“The court however went further, and said that this same principle applies to the broker’s client making an illegal demand on the broker which would lead to a dismissal for operational reasons. This was seen to be a disguise for the true reason for the dismissal – which was that irrespective of the outcome of the disciplinary hearing, Nissan never want to see the applicant again”.

“The court also found that the insistence on dismissal was as a result of Nissan’s own policies with regard to e-mail usage. The court frowned upon this, and could in fact have approached the court to interdict the client from compelling it to concede to an unlawful demand to dismiss the employee”.

“The impact of this case is that every single employer that uses Labour Brokers ought to sit down and very seriously consider the impact of this decision and determine a way forward. It is clear that the previously enjoyed freedom to dismiss at will and on a whim is now over”.

Similar views in respect to this particular case have been dealt with by Aadil Patel, Director and Practice Head: Employment at Cliffe Decker Hofmeyr Attorneys.

On face value the prospect of dealing with the consequences of this particular case may seem daunting to any employer. It is however important to note that none of the employer’s basic rights and the purpose for using Labour Brokers have been effected as a result of this case. Employers still have the right to flexibility which is one of the primary objectives with the employment of Labour Brokers in any business. In this regard Labour Brokers will still play a very significant and integral role in the operational function of the client.

The actual result of this case is that the principal of joint and several liabilities has now crossed the barrier of basic conditions of employment, which it was previously limited to, into the arena of the tangible employment relationship.

As in rugby where rules change all the time; teams, coaches, players, referees, administrators and supporters have to adjust to the rules of the day in order to play the game successfully and to enjoy it whilst doing so.

It is therefore important that Labour Brokers and their Clients give this matter urgent attention and consideration to map out the path for the way forward in order to secure a mutually beneficial and sustainable relationship.

Written by: Riaan Helberg

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“Although a hot political topic in South Africa, Temporary Employment Services are an important part of our economy,” says Gavin Magrath, CEO of Gulf Staffing. “It is important to acknowledge the very real differences between the maverick opportunist agencies and the registered professional staffing companies.”

Companies like Gulf Staffing adhere to the legislative requirements and respect the employees’ rights to decent work. “It is because of our ethics, irreproachable recruitment and operational procedures that we have secured and maintain long-term relationships with leading brands such as Woolworths, Ackermans, Reebok and many more.