Statement on the Settlement Agreement between NEHAWU and the Department of Higher Education and Training
The Department and the Public Sector trade union, National Education, Health and Allied Workers' Union (NEHAWU), have signed a settlement Agreement following a prolonged dispute at Eastcape Midlands TVET College.
An unprotected strike commenced in January 2015. The dispute initially involved approximately 237 employees, of whom 66 were subsequently dismissed. Following the prescribed consultative procedure, 16 NEHAWU shop stewards were due to appear before a disciplinary hearing convened on 14 May and a number of other employees, who had not yet been subject to disciplinary action, were to have their hearings at a later date. During the course of the dispute, a number of union affiliated and non-affiliated employees returned to work but, in terms of the settlement agreement, will nevertheless be subject to various sanctions.
Embarking on an unprotected strike contravenes the Labour Relations Act that regulates and articulates the proper processes to be followed during a dispute between employees and their employer. Specific provision is made in law for a protected strike arising from unresolved grievances in the workplace.
In order to resolve the matter, the national leadership of NEHAWU and senior officials of the Department engaged in fruitful discussions on the issue of the dismissed employees, the imminent disciplinary hearing and the matter of those not yet having been subjected to appropriate disciplinary action
On 7 August 2015, a settlement agreement was reached between the Department and NEHAWU to address matters arising from the disciplinary processes concluded, the protracted disciplinary process already underway and disciplinary actions not yet commenced as a consequence of the unprotected strike.
Inter alia, both parties agreed that:
- Employees will return to work on 7 September 2015 and be served with final written warnings, valid for a period of 12 months, in respect of any participation in unprotected strike action.
- Recovery of salary advances, arising as a consequence of the “no work, no pay” principle paid by the employer in order to alleviate undue hardship on the families affected, will be implemented.
- An additional salary forfeiture, equivalent to one month’s pay will be effected.
- NEHAWU has undertaken that there will be no future unprotected strike action on the part of its members.
- Both parties agreed to start a process of relationship building to be facilitated by the Department of Higher Education and Training.
Both parties reserve their rights as detailed in the settlement agreement and trust and agree that the College and its staff will be able to resume learning and teaching, focused on the best interests of the students, in a stable and conducive environment.
Minister Nzimande has commended the settlement agreement package.“ Whilst dismissals of workers is painful to everyone but where unlawful conduct occurs in the workplace, the employer has to act in the manner that is consistent with the labour laws. We hope that employees in the East Cape Midlands College have learnt some lessons from this dispute” said the Minister.
The settlement agreement is attached hereto for ease of reference.
Enquiries:
Khaye Nkwanyana
Director: Media Liaison Officer
Tel: 012 312 5555
Cell: 0839529723
E-mail: Nkwanyana.K@dhet.gov.za
