Sonja Vorster – Labour law expert
Inkosi Langalibalele Municipality (ILM) staff were informed in a four-page letter dated November 8, 2018, that the possibility existed for dismissals (retrenchments) based on operational requirements.
READ THIS:LABOUR BUZZ: How short-time and retrenchments are affecting our little town
The date for the consultative process was set to take place during November last year and that if retrenchments did occur, they would become effective at the end of January 2019.
It was stated in the letter that “ILM currently employs 598 employees and it is anticipated that this number should be reduced to 350”, thus 248 people would sit without a job.
The processes of retrenchment are clearly defined in the Labour Relations Act, Section 213. Dismissal for operational requirements is classed as no-fault dismissals, which means that the dismissal is not due to any fault of the employee.
This leads me to ask: How strategic are these retrenchments and is the municipality jumping the gun? Has the municipality followed the entire process and is it in compliance with the Labour Relations Act?
The process is basically informing affected employees of the consultation process and that if it is complete and there is nothing left to place on the table to avoid retrenchment, the hammer falls and retrenchment takes place.
Many court rulings guide and set the standard of requirements to be met prior to dismissal based on operational requirements. The employer must take note that in each and every ruling, the consultation process and reasoning for the retrenchment will be scrutinised by the court.
IMATU and SAMWU, representing the doomed 248 employees’ interests, have made strong media statements regarding their opposition to the retrenchments at length. The CCMA has been brought in to facilitate the process.
So, at face value, all seems to be done above board and within the framework of the Labour Relations Act.
I am informed that part of the problem, apart from the normal carefree spending, is the number of Expanded Public Works Programme (EPWP) workers. With them around, we should have the cleanest town in the Midlands, but alas, we have a very dirty town.
This has aggravated the issue. During the writing of this article, I took the time to observe a number of these unsupervised workers.
Duties start around 7.30am each morning, but it is clear that no supervision takes place.By around 9am the groups break up and visit shops in town.
No cleaning is done as they simply stand in groups and others just splinter off not to be seen again. The roads they set out to clean remains as dirty as when they started, sadly a handful does continue with the days work.
Overall politics seems to play a very important role in any plans set forward by the ILM.It seems that the process which was to be completed initially by the end of January 2019 is dragged along long enough for the elections to be finalised.
Accountability must be taken and if any retrenchments or rather dismissal for misconduct is to be taken, it should be taken firstly against the decision makers employed and paid by ILM.
Management are the highest paid, management and council made decisions and approved payments that resulted in the position which the ILM is now found in.
Salaries, subsidies, and benefits currently enjoyed at the cost of employees that are needed to do the work under strict effective supervision are the staff that should remain employed.
The problem is not being addressed by retrenching 248 people. Out of the 248, the 150 that was appointed under highly questionable circumstances should be retrenched, that will leave 98 posts.
Management were looking at the workers at the salary level they are at but, the look must be refocused on the councillors and management and the cost that must be saved would easily be recouped between the current management, rectifying subsidies that are paid unnecessarily.
The illegal decisions to address the disparity in payment of ILM granted salary increases to the lesser paid employees. This was an irreversible decision.
Highly questionable vehicle subsidies being paid to employees in administrative positions not requiring such subsidies, against the significantly lower subsidized being paid to employees who require a vehicle to do the work.
The subsidies cannot cover the ever increasing cost of fuel, insurance, cost of the vehicle, as well as wear and tear.
Employees are now using out of desperation their private funds to cover the cost of fuel to enable them to operate and fulfill the task they are employed to do.
During interviews with employees, several asked why are four personal assistants needed when one was perfectly capable of doing the job.
Why three to five sports co-ordinators appointed and what are they doing exactly.Why was up to nine disaster management appointments made, and what are they doing? What is the cost of these appointments?
Surely the town needs basic very basic service deliveries such as refuse removal, pothole repairs, before even looking at the elaborate planning set forward 2018/1019 Integrated Development Plan. These appointments are highly questionable.
Note: Practical help can be offered, with a talk delivered to a group. Contact the Estcourt News for more information on the group session.
READ MORE:Union ready to fight mass retrenchments at Local Municipality
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