The Broadcast, Electronic, Media & Allied Workers Union (BEMAWU) calls on the SABC Board to step down with immediate effect.
This Board has brought the SABC’s reputation and name into serious disrepute and is not competent to oversee such an important organization.
Despite the fact that the Board has no less than 3 lawyers on it and that it has access to external legal advice, it has chosen to unlawfully and unprocedurally suspend the Group Chief Executive and by doing so making themselves guilty of fruitless and wasteful expenditure as contemplated by the Public Finance Management Act.
BEMAWU insists that the chairperson of the Board be personally liable in terms of the Public Finance Management Act for the wasted legal cost incurred by the SABC in attempting to defend the unlawful actions of the Board’s Chairperson.
The Board has a fiduciary duty to always act in the best interest of the organization. Had this fiasco happened in any private company the shareholders would have long ago called a meeting and fired the entire board.
Why does the SABC shareholder turns a blind eye?
Why is there no intervention from the shareholder to fire the entire board who supported the unlawful and unprocedural action of the chairperson?
In terms of SABC Policy an employee may not be suspended without affording that employee the opportunity to respond to the allegations and to afford the employee an opportunity to make submissions to not be suspended.
This did not happen. Why not?
Never in the history of the SABC has any employee been served with a suspension letter outside working hours.
Furthermore, and in terms of the SABC’s Personnel Regulations an employee may only be suspended for serious misconduct such as assault, theft and fraud. This is what Section 12 of the Personnel Regulation states:
SUSPENSION OF AN EMPLOYEE
Where, prima facie, an employee has inter alia committed an act of serious misconduct such as assault or theft or fraud, the employee may be suspended pending an investigation and / or the holding of a disciplinary hearing. The employee shall be advised that the Corporation is considering suspending the employee pending an investigation or the holding of a disciplinary hearing and the employee shall be given an opportunity to respond to the proposed suspension before a decision is made to suspend such employee. If the employee is suspended, the employee shall be advised of the suspension in writing. Any such suspension shall be on full pay.
If this board cannot get a simple issue like a suspension right, how on earth can they manage multi-billion rand deals? What if they mess up that up as well? The risk is simply to big for the country, the organization and most of all, the employees caught up in the middle of all of this. Employees stand to lose their jobs if we allow an incompetent board to oversee the SABC and make similar irresponsible and irrational decisions having a severe effect on the financial viability of the SABC.
If the board does not observe labour legislation and practice, who else will? Should one not lead by example?
Putting it differently, this board has demonstrated their lack of discretion and financial responsibility by acting unlawfully and unprocedurally on a simple and uncomplicated issue like a suspension which resulted in several hundreds of thousands rands of legal cost. They have furthermore demonstrated their disregard for SABC Policy and procedure.
Wasted money!
Why would they not do it again, with more complicated issues and by doing so put the SABC in severe financial trouble? And we all know what happens when an organization lands in serious financial trouble. They cut costs. They cut heads. And SABC staff will come in the firing line.
Will we ever forget McKinsey in 1997 that left almost half of the SABC staff without jobs?
Many of those people have not been able to find decent jobs again.
There is absolutely no doubt that this board must be replaced by a competent board.
The chairperson of the board and her followers have dealt recklessly with the SABC’s money – public money - and they cannot be trusted to oversee and make decisions that may severely affect the SABC and its employees.
If this board does not resign, let us consider to use our collective power to protect our own jobs. 40% of people in this country are unemployed. Only one (1) irresponsible financial decision of millions of rands can bring the SABC on its knees, and it cannot be undone… When it happens, it will be too late. Prevention is better than cure. We must act now! Let us not allow incompetent leadership. People who have no regard for the reputation of the SABC, the organization we work.
Give us back the pride we should have in our workplace.
An organization that has such incompetent leadership will never prosper, will never cost-effectively meet its social responsibilities in a developing country and will never become the asset that it should be to the people of South Africa, regardless of race, creed or colour.
This board has not bother to meet with organised labour at the SABC for almost 5 months now. Suddenly when the place is in turmoil, they running around to meet with unions.
An organization that has incompetent leadership is doomed, and will become a financial millstone to the Country.
Act today by supporting our demand that the Minister/Government must immediately intervene to have this board replaced by a competent one.
Show your support and comment on this article by clicking on the link hereunder.
Friday, 30 May 2008
Wednesday, 28 May 2008
Salary Increase
Please take note of the following SABC Policy.
PROMOTIONS, INTERNAL APPONTMENTS AND
SALARY INCREMENTS (ANNUAL AND AD HOC)
When anyone becomes an SABC employee at a fixed annual salary, this salary is increased during the person's period of service. These increments could be made for the following reasons:
a) Annual salary increment
Annual salary increments for unionised employees are negotiated with their respective labour unions. The same changes to the conditions of service will be extended to the bargaining unit employees.
b) Promotion
During their career at the SABC, employees enjoy the privilege of an established career path. When employees are promoted to a higher scale, they qualify for an increment. In cases where an adjustment is not deamed to be justified, prior consultation with the employee will take place.
Employees can also be promoted into a different higher position, without applying for such a position after it has been established that the employee is the most suitable candidate for such a position.
c) Internal appointments
Employees may apply for any vacant post in their own business unit or in another business unit, that is at the same or higher level than their current post. If successful and appointed, the employee will qualify for a salary adjustment. In cases where an adjustment is not deamed to be justified, prior consultation with the employee will take place.
d) Ad hoc increments
Ad hoc increments may be awarded where justified and based on performance. All salary increases should be cleared and approved by a level determined by the Head of the Division in consultation with Human Resources.
PROMOTIONS, INTERNAL APPONTMENTS AND
SALARY INCREMENTS (ANNUAL AND AD HOC)
When anyone becomes an SABC employee at a fixed annual salary, this salary is increased during the person's period of service. These increments could be made for the following reasons:
a) Annual salary increment
Annual salary increments for unionised employees are negotiated with their respective labour unions. The same changes to the conditions of service will be extended to the bargaining unit employees.
b) Promotion
During their career at the SABC, employees enjoy the privilege of an established career path. When employees are promoted to a higher scale, they qualify for an increment. In cases where an adjustment is not deamed to be justified, prior consultation with the employee will take place.
Employees can also be promoted into a different higher position, without applying for such a position after it has been established that the employee is the most suitable candidate for such a position.
c) Internal appointments
Employees may apply for any vacant post in their own business unit or in another business unit, that is at the same or higher level than their current post. If successful and appointed, the employee will qualify for a salary adjustment. In cases where an adjustment is not deamed to be justified, prior consultation with the employee will take place.
d) Ad hoc increments
Ad hoc increments may be awarded where justified and based on performance. All salary increases should be cleared and approved by a level determined by the Head of the Division in consultation with Human Resources.
Tuesday, 27 May 2008
Salary Negotiations 27 May 2008
The SABC and Organised Labour (BEMAWU, MWASA, CWU) have started with Salary Negotiations for the year 2008/2009 on Monday, 26 May 2008 at Idle Winds, Muldersdrift.
The SABC made an offer of initially 6% and then 6.5% increase ATB (Across the Board). Organised Labour has made a counter offer of 15.5% plus the Substantive Issues we tried to negotiate since last year.
The Substantive Issues put on the table are as follows:
1. A R16 800 p.a Housing Subsidy for all employees in the Bargaining Unit.
2. The conversion of Fixed Term Contracts to Permanent Contracts for all employees currently employed on fixed term contracts in permanent positions.
3. Gym Subsidy of R720 p.a
4. Meal Subsidy R 106 per month.
The SABC refused to engage Organised Labour on the Substantive Issues saying they have no mandate to do so.
Management requested that the meeting be adjourned. The chairperson adjourned the meeting without notifying the parties until when.
We now wait for the SABC.... again.
The SABC made an offer of initially 6% and then 6.5% increase ATB (Across the Board). Organised Labour has made a counter offer of 15.5% plus the Substantive Issues we tried to negotiate since last year.
The Substantive Issues put on the table are as follows:
1. A R16 800 p.a Housing Subsidy for all employees in the Bargaining Unit.
2. The conversion of Fixed Term Contracts to Permanent Contracts for all employees currently employed on fixed term contracts in permanent positions.
3. Gym Subsidy of R720 p.a
4. Meal Subsidy R 106 per month.
The SABC refused to engage Organised Labour on the Substantive Issues saying they have no mandate to do so.
Management requested that the meeting be adjourned. The chairperson adjourned the meeting without notifying the parties until when.
We now wait for the SABC.... again.
Thursday, 08 May 2008
Salary Negotiations - Update 8 May
Yesterday we wrote a letter to the SABC to demand that we continue with Salary Negotiations. We gave them 7 days to meet with us. We are simply not interested in their weak and senseless excuses any more. We frankly don't care about their budgets any more. We want our hard earned salary increase, and we are prepared to fight for it! Should they not meet with us within 7 days, we will take legal action against the SABC to compel them to meet with us. We have signed an agreement that they will meet and negotiate with us, and they, the SABC is in breach of that agreement.
It is this new, useless SABC Board that has stopped everything. They must be blamed for the fact that you have not received a salary increase. They do not want to give a mandate for negotiations. Maybe they should start concentrating on what they hired to do, and they should stop getting involved in the day-to-day operational issues of the SABC. They have been for how long in the seat and they did not bother to meet with BEMAWU, the representatives and face of you, the workers.
I think it is because they don't take us serious as workers. So let's raise our voice and become vocal and adamant that we, the workers of the SABC be RESPECTED and be taken SERIOUS!
You are paying R10.00 a litre for petrol (whether you own your own car, using a taxi or a bus)and inflation runs into double figures but this Board is engaged in a power struggle for political positions! How ridiculous!
Let's rise again, in unity and give this Board something else to do and worry about. Maybe their political games will STOP, and they will concentrate on what they have been hired to do.
VIVA BEMAWU.... and let the struggle continue!!!
It is this new, useless SABC Board that has stopped everything. They must be blamed for the fact that you have not received a salary increase. They do not want to give a mandate for negotiations. Maybe they should start concentrating on what they hired to do, and they should stop getting involved in the day-to-day operational issues of the SABC. They have been for how long in the seat and they did not bother to meet with BEMAWU, the representatives and face of you, the workers.
I think it is because they don't take us serious as workers. So let's raise our voice and become vocal and adamant that we, the workers of the SABC be RESPECTED and be taken SERIOUS!
You are paying R10.00 a litre for petrol (whether you own your own car, using a taxi or a bus)and inflation runs into double figures but this Board is engaged in a power struggle for political positions! How ridiculous!
Let's rise again, in unity and give this Board something else to do and worry about. Maybe their political games will STOP, and they will concentrate on what they have been hired to do.
VIVA BEMAWU.... and let the struggle continue!!!
Wednesday, 07 May 2008
Today's Beeld
A story of interest from today's Beeld newspaper.
Kaapstad. – Me. Geraldine Fraser-Moleketi, minister van staatsdiens en administrasie, wou haar gister nie tot ’n moontlike 11%-salarisverhoging vir staatsamptenare verbind nie.
Haar antwoord op die vraag of staatsdienswerkers vanjaar ’n dubbelsyferverhoging kan verwag, was: “Ingevolge ’n meerjarige salarisooreenkoms kan staatsamptenare ’n verhoging gelykstaande aan die verbruikersinflasiekoers plus 1% kry.
“Die kwessie sal oorweeg word. Daar sal gevolglik ’n besluit hieroor wees,” het sy gesê.
Die ooreenkoms is verlede jaar tussen die regering en die staatsdiensvakbonde gesluit ná die maand lange staatsdiensstaking.
Die verbruikersinflasiekoers sonder inagneming van die rentekoers op huisverbande het verlede maand 10,1% bereik.
Fraser-Moleketi het op ’n mediakonferensie gesê onderskeidelik 88% en 82% van poste vir departementele hoofde en munisipale bestuurders is reeds gevul.
Volgens haar sal die staatsdiens nie die Maart 2010-teiken van 2% gestremdes in die staatsdiens bereik nie. – Abigail Isaacs
Kaapstad. – Me. Geraldine Fraser-Moleketi, minister van staatsdiens en administrasie, wou haar gister nie tot ’n moontlike 11%-salarisverhoging vir staatsamptenare verbind nie.
Haar antwoord op die vraag of staatsdienswerkers vanjaar ’n dubbelsyferverhoging kan verwag, was: “Ingevolge ’n meerjarige salarisooreenkoms kan staatsamptenare ’n verhoging gelykstaande aan die verbruikersinflasiekoers plus 1% kry.
“Die kwessie sal oorweeg word. Daar sal gevolglik ’n besluit hieroor wees,” het sy gesê.
Die ooreenkoms is verlede jaar tussen die regering en die staatsdiensvakbonde gesluit ná die maand lange staatsdiensstaking.
Die verbruikersinflasiekoers sonder inagneming van die rentekoers op huisverbande het verlede maand 10,1% bereik.
Fraser-Moleketi het op ’n mediakonferensie gesê onderskeidelik 88% en 82% van poste vir departementele hoofde en munisipale bestuurders is reeds gevul.
Volgens haar sal die staatsdiens nie die Maart 2010-teiken van 2% gestremdes in die staatsdiens bereik nie. – Abigail Isaacs
Thursday, 24 April 2008
Well, well, well.....
So the cordial and good relationship with the SABC did not last that long! We received a very sarcastic, arrogant and threatening letter from the office of the General Manager, Group Labour Relations after our previous post informing you why you have not received your well deserved salary increase.
It was written by Mr Gary Mackensie. I will publish the letter as soon as I figure out how to do it here. In the meantime, herewith some of the contents.
We referred in our previous post to the General Manager, Group Labour Relations as "Nthlaks", as this is how he refers to himself most of the time. We were told that his name is not "Nthlaks" but "incidentally Nthlakanipo". I would say such a remark is arrogant and sarcastic. Furthermore, its been perceived by BEMAWU as picking a fight. Not words of a man interested in a cordial relationship with a trade union.
We will henceforth refer to the General Manager, Group Labour Relations as Mr Brightboy Nthlakanipo Nkontwana.
The rest of the letter deals with alleged misinformation in our previous post.
We have not published any misinformation in our previous post, or ever. Mr Makensie, on behalf of Mr Nkontwana denied that a meeting took place, and furthermore denied that Mr Nkontwana has said there is a problem with the budget.
Mr Paul Kruger, one of our shop stewards attended a grievance meeting in respect of petrol claims for employees on standby. At the commencement of the meeting he asked Mr Nkontwana why the salary negotiations have been cancelled. Mr Nkontwana informed him that it is due to budget problems, and that the negotiations team had NO MANDATE to continue with negotiations, until further notice. He informed our shop steward that the budget had been finalised, and dates will be communicated soon.
This has been reconfirmed in my presence on Tuesday, the 22nd of April 2008 that dates will be communicated soon and that there was a problem with the budget.
We were threatened by Mr Mackensie that if we do not remove our previous post, the SABC will no longer have a cordial relationship with us.
WE WILL NOT BE BULLIED BY YOU, MR MACKENSIE!
If you do not want to have a cordial relationship with us because we are telling the truth and informing our members why they have not received their well deserved salary increase, then so be it! Instead of taking the time to threaten and bully us, why did you not rather spent the time informing us of the reason why the SABC has suspended the salary negotiations? It's only good manners, in particular if you are serious about the relationship!
We are waiting for the dates, SABC!!!! We want our increase, and a good one too!!!
It was written by Mr Gary Mackensie. I will publish the letter as soon as I figure out how to do it here. In the meantime, herewith some of the contents.
We referred in our previous post to the General Manager, Group Labour Relations as "Nthlaks", as this is how he refers to himself most of the time. We were told that his name is not "Nthlaks" but "incidentally Nthlakanipo". I would say such a remark is arrogant and sarcastic. Furthermore, its been perceived by BEMAWU as picking a fight. Not words of a man interested in a cordial relationship with a trade union.
We will henceforth refer to the General Manager, Group Labour Relations as Mr Brightboy Nthlakanipo Nkontwana.
The rest of the letter deals with alleged misinformation in our previous post.
We have not published any misinformation in our previous post, or ever. Mr Makensie, on behalf of Mr Nkontwana denied that a meeting took place, and furthermore denied that Mr Nkontwana has said there is a problem with the budget.
Mr Paul Kruger, one of our shop stewards attended a grievance meeting in respect of petrol claims for employees on standby. At the commencement of the meeting he asked Mr Nkontwana why the salary negotiations have been cancelled. Mr Nkontwana informed him that it is due to budget problems, and that the negotiations team had NO MANDATE to continue with negotiations, until further notice. He informed our shop steward that the budget had been finalised, and dates will be communicated soon.
This has been reconfirmed in my presence on Tuesday, the 22nd of April 2008 that dates will be communicated soon and that there was a problem with the budget.
We were threatened by Mr Mackensie that if we do not remove our previous post, the SABC will no longer have a cordial relationship with us.
WE WILL NOT BE BULLIED BY YOU, MR MACKENSIE!
If you do not want to have a cordial relationship with us because we are telling the truth and informing our members why they have not received their well deserved salary increase, then so be it! Instead of taking the time to threaten and bully us, why did you not rather spent the time informing us of the reason why the SABC has suspended the salary negotiations? It's only good manners, in particular if you are serious about the relationship!
We are waiting for the dates, SABC!!!! We want our increase, and a good one too!!!
Wednesday, 09 April 2008
Salary Negotiations - Update
Salary negotiations with the SABC was postponed sine die as the DOC and portfolio committee on communications apparently did not approve the SABC's budget. According to sources the SABC submitted a budget indicating the SABC will run in a severe deficit the following financial year.
At a meeting on Monday, April 7, General Manager, Labour Relations of the SABC Ntlaks Nkontwana was asked when salary negotiations will resume. Nkontwana confirmed there was a problem was the budget, saying the SABC had no budget for a salary increase. He said the problem had been fixed and an invitation will go out soon to BEMAWU to resume the negotiations.
As soon as new information becomes available, an update will be posted here. Make sure you come back to be informed of the latest developments.
The SABC is still blocking BEMAWU to send out mass e-mail to our members.
At a meeting on Monday, April 7, General Manager, Labour Relations of the SABC Ntlaks Nkontwana was asked when salary negotiations will resume. Nkontwana confirmed there was a problem was the budget, saying the SABC had no budget for a salary increase. He said the problem had been fixed and an invitation will go out soon to BEMAWU to resume the negotiations.
As soon as new information becomes available, an update will be posted here. Make sure you come back to be informed of the latest developments.
The SABC is still blocking BEMAWU to send out mass e-mail to our members.
Wednesday, 05 March 2008
Update on Negotiations
Salary & Substantive negotiations between the SABC and BEMAWU will resume on the 13th of March 2008 and will continue until 19 March.
Please submit your mandate (the percentage you demand and any other substantive issues) either via e-mail or sms or let your shop steward know.
Please submit your mandate (the percentage you demand and any other substantive issues) either via e-mail or sms or let your shop steward know.
Tuesday, 26 February 2008
White Journalists Banned
It is with great concern BEMAWU has noted the blatant racism displayed when the SABC Political Editor, Abbey Makoe has banned white journalist from an exclusive black meeting.
What is of greater concern however is the attitude of our new President-to-be-elected, Mr Jacob Zuma when he said he sees nothing wrong with this.
BEMAWU is of the view that it divides instead of unifies the nation. Why can't white journalists hear the problems black journalists have and jointly try to address same?
Fortunately not all black South Africans think like Mr Makoe and Zuma.
BEMAWU therefore supports the complaints laid with the Human Rights Comission and we are eagerly awaiting the public hearings in this respect.
We call on the SABC to take the strongest action possible against Mr Makoe to send a clear message it is comitted to rid the SABC and our society from racism.
We are comitted to a non-racial, non-sexist community and SABC.
What is of greater concern however is the attitude of our new President-to-be-elected, Mr Jacob Zuma when he said he sees nothing wrong with this.
BEMAWU is of the view that it divides instead of unifies the nation. Why can't white journalists hear the problems black journalists have and jointly try to address same?
Fortunately not all black South Africans think like Mr Makoe and Zuma.
BEMAWU therefore supports the complaints laid with the Human Rights Comission and we are eagerly awaiting the public hearings in this respect.
We call on the SABC to take the strongest action possible against Mr Makoe to send a clear message it is comitted to rid the SABC and our society from racism.
We are comitted to a non-racial, non-sexist community and SABC.
Friday, 22 February 2008
Substantive Negotiations
Substantive negotiations with the SABC for the 2008/9 financial year kicked off last week and continued this week.
Organised labour (BEMAWU, CWU and MWASA) tabled proposals to inter alia increase the Housing Subsidy of members, an increased gym subsidy for all and a better bursary scheme.
The SABC tabled (an already implemented) revised Long Service Awards Policy, TCOE (Total Cost of Employment), moving from a DB (Defined Benefit) to a DC (Defined Contribution) Pension Fund and the closing down of the in-house Medical Aid Scheme.
MOVING FROM A DEFINED BENEFIT TO A DEFINED CONTRIBUTION PENSION FUND
Currently SABC employees are on a DB Fund. The fund is doing exceptionally well and in comparison is one of the best managed and strongest pensions funds in South Africa. According to the SABC negotiators and an actuary from 5th Quadrant there is nothing wrong with the pension fund.
Organised Labour is opposed to change to a DC fund mainly (but not limited) for the following reasons:
Organised Labour is opposed to this.
The SABC wants us to close down our in-house scheme and join an open scheme.
Organised labour (BEMAWU, CWU and MWASA) tabled proposals to inter alia increase the Housing Subsidy of members, an increased gym subsidy for all and a better bursary scheme.
The SABC tabled (an already implemented) revised Long Service Awards Policy, TCOE (Total Cost of Employment), moving from a DB (Defined Benefit) to a DC (Defined Contribution) Pension Fund and the closing down of the in-house Medical Aid Scheme.
MOVING FROM A DEFINED BENEFIT TO A DEFINED CONTRIBUTION PENSION FUND
Currently SABC employees are on a DB Fund. The fund is doing exceptionally well and in comparison is one of the best managed and strongest pensions funds in South Africa. According to the SABC negotiators and an actuary from 5th Quadrant there is nothing wrong with the pension fund.
Organised Labour is opposed to change to a DC fund mainly (but not limited) for the following reasons:
- With our current scheme, the SABC (by law) must guarantee our pension. What are the chances that the SABC/Government will go bankrupt and not be able to pay our pension? I say Zero!
- With a DC fund, the SABC does not carry any legal obligation and theoretically the SABC can give us notice and stop their contributions. (They cannot do so with the current scheme, as they are legally liable to uphold the fund).
- Dear SABC, we will not lightly forget (and forgive) what you have done to us with the Post Retirement Medical Aid, where you STOPPED your contributions after giving us notice! Why would you not do so with the new proposed DC Fund?
- We have trustees (50%) that have a say in how to manage the fund, its rules and benefits. With an external scheme we don't!
- If it ain't broken, don't fix it!
Organised Labour is opposed to this.
The SABC wants us to close down our in-house scheme and join an open scheme.
- Our in-house scheme had the lowest increase in tariff the previous year
- Our scheme is run by trustees and we have 50% say in matters like benefits and tariff increases
- In an open scheme the administrators make that decision,
- All money coming into the fund is utilised for members - in an open fund profit goes to the owners, and marketing cost is paid
- Our fund has an ex Gratia option - an open fund don't have that option.
- Particularly the lower income people will not be able to afford medical aid with the same benefits they enjoy currently
Another proposal, as part of TCOE is the inclusion of our 13th guaranteed cheque into monthly salary. In other words, our 13th cheque will be collapsed into our salaries, and we will receive it monthly instead of in December every year.
Negotiations will continue soon and we will held a General Meeting to answer questions.
Please feel free to comment and air your opinion. Make your voice heard.
Wednesday, 21 November 2007
13th Cheque
The SABC is in the (unlawful) process of phasing out 13th cheques for middle management in its current form.
In a letter addressed to middle management no option is given to accept or reject this. Employees simply have to sign that they have received this letter, that informed them it will change. The SABC Human Resources Director, Dr Pat Naves is claiming in the same letter addressed to middle management that she has consulted with the unions on this issue.
Nonsense!
We were never consulted on this. In any event, this is not a matter of consultation, but of negotiation. After all, it's terms and conditions of employment.
We have asked our representative on the pension fund to investigate this matter and report back on it. Once his report is available, it will be published here.
In the meantime, advise the Human Resources Director that you do not accept this change to your terms and conditions of employment.
RESPONSE FROM FRED DANIEL, BEMAWU CHAIRPERSON, POLOKWANE
Regarding Dr. Nave’s letter about the thirteenth cheque for middle management, just a few observations
This will not have any tax or pension implications.
At present our thirteenth cheque is taxed as normal salary and therefore taxed in full. The percentage or tax depends on the income of an individual and will be taxed on the marginal percentage for your specific income. At the end of the tax year when you do your return, a calculation is made based on your full income. It does not matter whether this income was received periodically (monthly) or in a single amount.
As for pension, this is based only on our basic salary and excludes any other receipts such as a thirteenth cheque, other bonuses, housing or car allowance or overtime. Dr. Naves’s new disposition will therefore also not affect pensions.
As for the last paragraph in the letter, it is not clear what exactly is envisaged. If the thirteenth cheque, which will now be based on merit, instead of being paid in December, will now be paid out monthly starting from April 2008, it is unclear how merit will be considered. Dr Naves say the bonus will henceforth be based on performance during the financial year after approval of financial statements. If next year’s payments will already start in April 2008, how can it be based on the 2007/8 financial year as financial statements are normally approved much later. At salary negotiations, we know from experience that financial statements can not be presented to us even several months after the end of March (end of the financial year) as it is not approved yet. The question therefore is on what year’s merits will the bonuses then be based? What is a “full performance cycle” as mentioned in the letter. If this is say three months preceding 1st April, what about the part that says it will be determined after approval of the financial statements, which normally only happens, as said, only several months after 1st April?
Also, if it is based on merit, one would expect differentiation between low and high performers. It seems however, that everybody will still receive a month’s salary or 1/12th of the annual salary.
It would certainly be unwise for anyone presented with the 13th cheque letter to sign their approval if they do not know what exactly they are signing for. It would be better, I think, for BEMAWU to first negotiate this with management. This is a drastic change of the terms of your service contract with the SABC. It can mean that you will loose 13th of your annual salary (if your merit is regarded as low)- it is just not clear at this stage. Such a contract can only be changed with mutual consent and not unilaterally. You therefore do have a choice. If you do not accept the new dispensation, the status quo will remain.
Fred Daniel
Shop Steward and BEMAWU representative on the Board of the Pension Fund.
In a letter addressed to middle management no option is given to accept or reject this. Employees simply have to sign that they have received this letter, that informed them it will change. The SABC Human Resources Director, Dr Pat Naves is claiming in the same letter addressed to middle management that she has consulted with the unions on this issue.
Nonsense!
We were never consulted on this. In any event, this is not a matter of consultation, but of negotiation. After all, it's terms and conditions of employment.
We have asked our representative on the pension fund to investigate this matter and report back on it. Once his report is available, it will be published here.
In the meantime, advise the Human Resources Director that you do not accept this change to your terms and conditions of employment.
RESPONSE FROM FRED DANIEL, BEMAWU CHAIRPERSON, POLOKWANE
Regarding Dr. Nave’s letter about the thirteenth cheque for middle management, just a few observations
This will not have any tax or pension implications.
At present our thirteenth cheque is taxed as normal salary and therefore taxed in full. The percentage or tax depends on the income of an individual and will be taxed on the marginal percentage for your specific income. At the end of the tax year when you do your return, a calculation is made based on your full income. It does not matter whether this income was received periodically (monthly) or in a single amount.
As for pension, this is based only on our basic salary and excludes any other receipts such as a thirteenth cheque, other bonuses, housing or car allowance or overtime. Dr. Naves’s new disposition will therefore also not affect pensions.
As for the last paragraph in the letter, it is not clear what exactly is envisaged. If the thirteenth cheque, which will now be based on merit, instead of being paid in December, will now be paid out monthly starting from April 2008, it is unclear how merit will be considered. Dr Naves say the bonus will henceforth be based on performance during the financial year after approval of financial statements. If next year’s payments will already start in April 2008, how can it be based on the 2007/8 financial year as financial statements are normally approved much later. At salary negotiations, we know from experience that financial statements can not be presented to us even several months after the end of March (end of the financial year) as it is not approved yet. The question therefore is on what year’s merits will the bonuses then be based? What is a “full performance cycle” as mentioned in the letter. If this is say three months preceding 1st April, what about the part that says it will be determined after approval of the financial statements, which normally only happens, as said, only several months after 1st April?
Also, if it is based on merit, one would expect differentiation between low and high performers. It seems however, that everybody will still receive a month’s salary or 1/12th of the annual salary.
It would certainly be unwise for anyone presented with the 13th cheque letter to sign their approval if they do not know what exactly they are signing for. It would be better, I think, for BEMAWU to first negotiate this with management. This is a drastic change of the terms of your service contract with the SABC. It can mean that you will loose 13th of your annual salary (if your merit is regarded as low)- it is just not clear at this stage. Such a contract can only be changed with mutual consent and not unilaterally. You therefore do have a choice. If you do not accept the new dispensation, the status quo will remain.
Fred Daniel
Shop Steward and BEMAWU representative on the Board of the Pension Fund.
Friday, 30 March 2007
BEMAWU
Welcome to BEMAWU.
We are the biggest specialist trade union organised in the Broadcast, Electronic, Media and related sectors, and the only independent, non-political, non-racial, non-sexist union in our sector. We are not a member of any Federation.
All employees (including freelancers) in these sectors are most welcome to join BEMAWU.
These sectors include (but are not limited to) the SABC, M-Net, Multichoice, all Radio Stations, E-Tv, the Newspapers, like Beeld, Rapport, Sunday Times, Citizen, City Press, Sowetan, Mail & Guardian, Telkom, Sentech, Urban Brew, all Production Houses, Advertising Agencies, etc.
To join BEMAWU, mail us at headoffice@bemawu.org.za to get an application form.
Membership fees where we do not have stop order facilities are R25,00 per month, else 0.475% of your basic salary. Members get free legal advice and free representation at the CCMA, Labour Court, Labour Appeal Court and any other forum in connection with their employment. (Legal fees for a labour matter average between R20 000 and R60 000!)
It is a constitutional right to join a trade union and to participate in its lawful activities. No employer may prevent an employee from belonging to a trade union of choice or penalise or victimise or dismiss such an employee.
BEMAWU will represent its members in all labour matters, including disciplinary hearings, CCMA hearings, Labour Court matters, Labour Appeal Court matters, High Court matters, etc.
We also represent our members at the following forums:
You may NOT be represented at the CCMA by an attorney in an unfair dismissal case related to conduct or capacity, unless the employer and the Commissioner agrees and you may not be represented by a fellow employee. Only a registered trade union may represent you in such matters.
Join today.
We are the biggest specialist trade union organised in the Broadcast, Electronic, Media and related sectors, and the only independent, non-political, non-racial, non-sexist union in our sector. We are not a member of any Federation.
All employees (including freelancers) in these sectors are most welcome to join BEMAWU.
These sectors include (but are not limited to) the SABC, M-Net, Multichoice, all Radio Stations, E-Tv, the Newspapers, like Beeld, Rapport, Sunday Times, Citizen, City Press, Sowetan, Mail & Guardian, Telkom, Sentech, Urban Brew, all Production Houses, Advertising Agencies, etc.
To join BEMAWU, mail us at headoffice@bemawu.org.za to get an application form.
Membership fees where we do not have stop order facilities are R25,00 per month, else 0.475% of your basic salary. Members get free legal advice and free representation at the CCMA, Labour Court, Labour Appeal Court and any other forum in connection with their employment. (Legal fees for a labour matter average between R20 000 and R60 000!)
It is a constitutional right to join a trade union and to participate in its lawful activities. No employer may prevent an employee from belonging to a trade union of choice or penalise or victimise or dismiss such an employee.
BEMAWU will represent its members in all labour matters, including disciplinary hearings, CCMA hearings, Labour Court matters, Labour Appeal Court matters, High Court matters, etc.
We also represent our members at the following forums:
- Collective bargaining (Salaries and substantive conditions of employment where we are sufficiently representative)
- Employment equity,
- Skills development,
- Medical Aid,
- Pension Fund,
- MAPP SETA,
- ISETT SETA,
- Policy and procedure issues
You may NOT be represented at the CCMA by an attorney in an unfair dismissal case related to conduct or capacity, unless the employer and the Commissioner agrees and you may not be represented by a fellow employee. Only a registered trade union may represent you in such matters.
Join today.