Friday, 30 April 2010
SABC failed to pay Radio 2000 staff
It is shocking and confirms our suspicion that SABC Management has no or little regard for employee rights. It is the worst treatment after dismissing an employee to not pay employees their hard earned and often very small salaries. Employees have financial responsibilities, they must pay their bills, they must buy food, they must put in petrol and pay their car installments. How are they going to do this without their salaries? But if you earn a big, inflated salary like the Management of the SABC, you obviously don’t feel the same pinch, and you make sure your salary is paid in time.
Wednesday, 21 April 2010
Vote please
Remember to register with your own username and password and to log on after you have received a confirmation e-mail with the same username and password. Your SABC username and password will NOT work unless you use it to register on the site.
ONLY BEMAWU members will be given access to the site.
Tuesday, 20 April 2010
New Shift Patterns
We are concerned about the turnaround times from your departments. Several letters (and issues) are still unanswered and we will be now compelled to declare disputes in all of those issues. The SAFM issue, where one of our members have been removed off air for no apparent reason is one such issue.
We have corresponded and communicated with your office about the News Studio Crews and the unilateral changes going on there at the moment. Hereunder a complaint by one of our members, which is self explanatory:
“Johnny Manamela had a meeting with the permanent studio production news crew. In this meeting he said that negotiations were entered into with all the unions concerned, and after negotiations, he received a directive from Employee Relations at the SABC to go ahead with his proposed shift roster for May 2010.
I said to him that he is in breach of the Sabc's time management principles, on one point, that his proposed changes do not take into account that we are to be given two 60 hour breaks, one of which must include a weekend, to this he added that he has complied with the rules. His proposal is that we work a 4 day on 2day off, 4day on 1 day off schedule. I do not see how this can be allowed.
Another is that, I was not consulted, but merely informed of these changes, and asked if an impact study of these changes was done.
He says that with the old system we are constantly under utilized, and if that is the case then, our unsociable hour allocation be re-negotiated, as this in unfair.”
This clearly is a unilateral change to terms and conditions of employment, and an unlawful one too. We urge you to instruct Manamela to stop the implementation of this unilateral change, failing we will file a dispute and urgent interdict and we will organize a strike at News Studios. Should we not receive an undertaking within three (3) days from this letter that the unilateral changes will be stopped, we will proceed with the mentioned actions.
Sincerely,
Hannes du Buisson
BEMAWU President
Wednesday, 14 April 2010
Increase of staff
Extraxt of our submission to Parliament
15.1. There was an overall increase of 50% in Senior and Middle management in this period.
15.2. In the same period the workforce or so-called First Citizens only increased by three percent (3%). (See document 1)
15.3. In Content Enterprises (Content Hub) alone there was an 80% increase in `Senior and Middle management and a reduction of First Citizens orordinary employees of 24%. (Document 2)
15.4. In Corporate Strategy only junior managers and supervisors were appointed and no so-called First Citizens. There was a 300% increase or growth in managers and supervisors in this department.(Document 3).
15.5. In the office of the Group Chief Executive and Regions there was an increase of 400% in seniormanagement and 205% in Middle management.
15.6. This is a total of 625% increase in management in this department. (Document 4)
15.7. Group Finance - 63% increase in Senior and Middle management. (Document 5)
15.8. Group Human Capital Services - increase of 55% in Middle management and a reductions of 11% of bargaining units employees (Document 6)
15.9. Internal Audit - 50% increase in the Middle managers and a 400% increase in Supervisors. (Document 7)
15.10. Legal Services Department - 130% increase in Senior and Middle management. (Document 8)
15.11. News Department - 48% increase in Senior and Middle managementand a 15%decrease of ordinary employees of (Document 9)
15.12. Radio Division - 130% increase in Senior and Middle management and only a 7% increase of ordinary employees (Document 10)
15.13. Regional operations - 80% increase in Senior and Middle management and a 30% decrease of ordinary employees (Document 11)
15.14. Sales and Marketing department - 125% increase in Executive and Senior management and a 10% reduction of ordinary employees. (Document 12)
15.15. Public Broadcasting division - 36% increase in Middle management and only a 3% increase of ordinary employees. (Document 13)
15.16. PBS Television - 97% increase in Senior and Middle management and a 4% reduction of ordinary employees. (Document 14)
15.17. A 440% increase in senior and middle management for PCS whilst ordinary employees only increased by 3%. (See document 15)
15.18. PCS Television - 240% increase in Senior and Middle management. (See document 16)
15.19. In Television in total - 106% increase of Senior and Middle management, while over the same period a 3% decrease of ordinary employees. (See document 17)
Friday, 26 March 2010
Commission payouts
It has come to our attention that our members at Sales and Marketing were short paid on commissions they earned as per the following:
- January for December - R914 538 over target for December – Payout should have been R3 323, our members only received R3 000 – A short payment of R323.
- Februarie for Januarie. R1 434 061 under target for Januarie – Payout should have been R1 988, our members received R1 955.82, a short payment of R32.
- March for Februarie. R3 875 488 over target for Februarie – Payout should have been R4 368, our members only received R3 000 – a short payment of R1 368.
We demand that the short payment for this period be rectified within three (3) days of this letter, failing we will proceed with legal action against the SABC.
Sincerely,
Hannes du Buisson
President
BEMAWU
Tuesday, 16 March 2010
BEMAWU Web
Friday, 12 March 2010
Let's fix our SABC
Broadly defined, a company’s ethics are the principles and standards that it espouses to guide it in its day-to-day business activities and its relations with internal and external stakeholders in accordance with its established corporate values.
Ethical business conduct provides a strong measure of organisational integrity that should permeate its culture, motivate its strategy, business goals, policies and activities. The total commitment of the board and senior management is required. A company’s code of ethics should be set out in enough detail to give clear guidance, be accompanied by a training programme and be widely communicated. The board of directors is responsible for defining the company’s code of ethics whilst management has to implement the code within the company.
Examples of ethical values might include trustworthiness, honesty, respect, responsibility and accountability, the pursuit of excellence, law-abiding behaviour and protection of the environment. Although Codes of Ethics will differ between companies, the following may be considered some key areas in which companies may wish to define parameters of ethical conduct:
- advertising and marketing practices
- bribery and dishonesty
- conflicts of interest, including family and personal relationships, outside employment and financial investments
- employee and customer privacy
- employment practices, equality of employment opportunity, non-discrimination, freedom from sexual harassment
- gifts, entertainment and gratuities
- insider trading
- intellectual property and trade secrets
- political contributions
- product quality and safety, including consumer protection standards
- protecting company assets
- stakeholder relations
Key questions:
- Has the board of my company adopted a code of ethics?
- Do I personally aim for high ethical standards in my capacity as a director?
- Is a high ethical tone set ‘from the top’ (i.e. by the board of directors)?
- Are the company’s ethical and moral values unequivocally communicated to all its employees and other stakeholders?
Can someone please send me a copy of the SABC’s Code of Ethics?
Thursday, 11 March 2010
Union Membership
In the past BEMAWU took on members already in trouble and we helped them, mostly successfully. It however takes a lot of our time and resources and particularly it is costly when legal fees need to be paid (BEMAWU members don’t have to pay for lawyers). We therefore took a decision that we will still take on members in trouble, but they will have to pay for any legal costs themselves. Legal cost for one labour matter can easily be R60 000,00.
The past few days we had several employees joining, some which will have to pay their own legal cost.
This is the policy of most unions.
We therefore urge employees to join timeously. You might find yourself without any representation when there is a restructuring or retrenchment process.
In light of the recent suspensions and closing down of News International it may just be the best for you to have a trade union behind you.
To join, mail us at headoffice@bemawu.org.za
FW: SABC News International closedown
------ Forwarded Message
From: "<The President>" , Hannes du Buisson <president@bemawu.org.za>
Date: Thu, 11 Mar 2010 08:28:33 +0200
To: Keobokile Mosweu <MosweuKE@sabc.co.za>
Conversation: SABC News International closedown
Subject: SABC News International closedown
The General Manager
Employee Relations
SABC
Dear Sir,
We act on behalf of our members at SABC News International.
We refer you to the media reports in respect of the decision by the Board to close down SABC News International, one such report attached hereunder for ease of reference.
Restructuring, in particular of this extend is clearly a Section 189 process. We, as a registered trade union has not been consulted in terms of Section 189. Why not?
We demand that the status quo ante be restored with immediate effect and a Section 189 process be followed, failing we will bring an urgent application in the Labour Court to enforce same.
Sincerely,
Hannes du Buisson
President
BEMAWU
SABC news international makes way for 24hr channel
March 10, 2010
SABC news international operations are going to be scaled down from April 1 to make way for a new 24-hour domestic news channel, the broadcaster said on Wednesday.
Spokesman Kaizer Kganyago said in a statement the decision was made by the SA Broadcasting Corporation's board.
"The truncated service will provide the basis for a future 24-hour domestic news channel that will be part of the SABC's digital terrestrial television multiplex."
He said the broadcaster's news international, which started in 2007, had faced considerable challenges and the lack of viable distribution points meant full-scale operations were no longer profitable. - Sapa
------ End of Forwarded Message
Wednesday, 10 March 2010
How to dismiss ex employees
It is trite law that you can only institute disciplinary action against your employees, and NOT ex-employees. As much as we would have liked him to be disciplined for the serious allegations against him, Mbebe cannot now be disciplined. How do you dismiss an employee not in your service? Any continuation of disciplinary action and defending an urgent application would be gross fruitless and wasteful expenditure.
The SABC must press criminal charges against him, should there be grounds for same, and also civil action to recover any fruitless and wasteful expenditure. Who from HR\Employee Relations has advised the SABC?
Mvuzo Mbebe to fight back
THE SABC will continue with the disciplinary action against its former head of content Mvuzo Mbebe although he has since left the public broadcaster.
Mbebe’s five-year contract ended on Sunday, but the SABC says the disciplinary action will continue.
SABC spokesperson Kaizer Kganyago said yesterday: “His contract has expired and was not renewed, but there is still disciplinary action against him.”
Mbebe and three other executives were suspended by the interim board in October last year pending an outcome of internal disciplinary processes arising from investigations conducted by the auditor-general and other parties.
He was suspended together with chief financial officer Robin Nicholson, head of audience services Anton Heunis and head of group procurement Mabela Sathekge.
But Mbebe’s lawyer Siyabonga Mpontshana said yesterday they would challenge in court the SABC’s decision to continue with the disciplinary action against him.
“I have been representing him during the disciplinary action. The SABC is responsible for the delays.”
Mpontshana said they would launch an urgent application in court to stop the disciplinary action.
Meanwhile, Mbebe said he was taking a short break between jobs.
He said he was currently volunteering in a number of projects, including sports, to keep himself busy.
Mbebe is also former CEO of the National Sports Council.
PRMA Update
We will meet with the SABC tomorrow at 11:00 to discuss our proposed amendment to the settlement agreement. If we fail to agree, we will apply for an expedited date at the High Court to hear the matter.
Monday, 08 March 2010
PRMA
The agreement, as signed between the pensioners and the SABC, is a minefield and the SABC has refused to amend the agreement to clarify vital points. The agreement states that the SABC admit the contractual right of its employee’s to receive PRMA contributions from the SABC. With this we do not have a problem, as this is exactly what our case is based on.
It then went further to state that employees are entitled to PRMA benefits for as long as they qualify. They qualify only because of their membership of the SABC’s medical aid scheme. If they are no longer members of the SABC Medical Aid scheme, members do not qualify for PRMA benefits.
Remember, the PRMA is not part of the SABC Medical Scheme, but a separate term and condition of employment (like the medical aid.)
The agreement further states that the SABC will only consult the plaintiffs (which has been defined as the pensioners only) about an alternative medical aid scheme with broadly the same (medical aid) benefits. Should the pensioners not be satisfied with the alternative scheme, they could go on expedited arbitration.
Our problem is this – PRMA and Medical Aid are two separate issues. PRMA is not part of the medical aid scheme. The danger the pensioners are now faced with, is that when they are put on a new medical scheme (they have already agreed to a new scheme) they will loose their PRMA benefit. In terms of the rules of the PRMA Scheme and in terms of the agreement signed by their lawyers.
We want the agreement to be amended to secure PRMA benefits even if we accept a new medical scheme (which must be by agreement between the parties). The SABC’s first reaction was that they do not agree to such an amendment. Why not? If the spirit of the agreement did not mean members will loose that benefit, why not putting it in the agreement?
We also want assurance that the SABC will not simply consult us on a new medical scheme. It is a term and condition of employment and it must be negotiated.
Our medical scheme is by far superior to any open scheme and we should never let go of our scheme. Our scheme does not have directors and shareholders and CEO’s which must be paid dividends, bonuses and salaries. Apart from administration fees, the rest of the money is used for the benefit of our members. Our scheme has shown in the past they are willing to pay for new technology and treatment which may save a member’s life. Other, open schemes has refused to pay. You, or your family may suffer from cancer, and some new treatment could be available but not on the approved list of an open medical scheme and you will not be able to benefit from that. With our current scheme its different.
We are still in discussions with the SABC and the matter could still settle before we go to court. We will in the meantime apply for an expedited date.
Friday, 05 March 2010
MEDIA STATEMENT BY SABC BOARD RE SALES AND MARKETING
We have received information from at least 3 reliable source that a Board Member will be seconded to head the Sales and Marketing division of the SABC. As this would be unethical we raised the issue in a discussion forum of the SOS Campaign without mentioning any name, but used the term “board member”. At least one individual member of the forum with close association with the SABC responded by referring to the person as “she”. We never mentioned whether it was a he or a she. This confirmed that our sources had the correct information, as it was communicated to us it would indeed be a female board member. So four separate, independent sources confirmed this.
The unfounded attack by the Board on BEMAWU and its attempt to discredit us is noted with concern. This will however not stop us from reporting to the various interest groups our concerns, and we will continue to monitor our public broadcaster to ensure good corporate governance and compliance. At least we have succeeded to change the mind of the board to second a board member to the Sales and Marketing division.
What expanded oversight means, will be seen.
Issued by the Broadcasting, Electronic, Media & Allied Workers Union.
Media enquiries : Hannes du Buisson
0829208669
MEDIA STATEMENT
BOARD MEMBER TO PROVIDE EXPANDED OVERSIGHT OVER SALES AND MARKETING ACTIVITIES
Johannesburg, 05 March 2010 – As part of the programme of turning around and stabilising the South African Broadcasting Corporation (SABC), the corporation’s Board yesterday (4 March 2010) asked one of its members, Ms Clare O’Neil, to provide expanded oversight of the SABC’s sales and marketing activities.
The Board made the request at the recommendation of the Group Chief Executive Officer, Mr Solly Mokoetle and because of Ms. O’Neil’s specialised knowledge and experience in the field of advertising and related activities.
Ms O’Neil will contribute to strategic and operational planning on SABC revenues and exercise oversight over implementation of the turnaround programme. The Board expects this arrangement to last for several months. She will remain a member of the Board and will not serve directly in the SABC structures.
The Board thanks Ms O’Neil for accepting this increased involvement.
In the light of various inaccurate claims and comments made before the Board addressed the matter, the Board notes that the request to Ms O’Neil and the nature of her increased oversight is in line with the requirements with the SABC’s enabling legislation, the Broadcasting Act; with the Public Finance Management Act; and with various other regulatory and statutory imperatives. The Board believes it would be useful in future if commentators and analysts did not base their assessments on inaccurate rumours, but on facts.
It also notes that the inaccurate reports and comments appear to have originated on a materially inaccurate claim by an official of the Bemawu trade union. It suggests analysts and commentators treat future claims from this source with caution.
ENDS
Issued By: Group Communications on Behalf of the Chairperson of the Board.
Media Enquiries: Kaizer Kganyago
082 306 8888
Tuesday, 02 March 2010
PRMA Update
The parties will meet on Thursday the 4th of March to discuss a settlement. Should no settlement be reached the matter will continue on Monday. No evidence will be led and it will only be argued before the judge.
Kindly make sure you are available to respond to any proposal put by the SABC. Please post your view here too.
Monday, 01 March 2010
PRMA
Friday, 26 February 2010
SABC at CCMA
This is due to in particular the attitude of Group Human Resources management at the highest level and Employee Relations Management. We do not get any co-operation from these two managers and we sense an attitude of no care. Most disputes are about failure of the SABC to promote members. We have been very patient with the SABC up to now, but no more. For years we were told there is no money to promote and regrade our members whilst top and senior management are enjoying lucrative salary packages.
Other disputes are about unilateral change to policies aimed at putting more pressure on the already overworked and underpaid SABC staff.
It is time that our deserving members are looked after by the SABC. To be for 20 years on a junior scale with no promotion and regrading is not fair.
Warrant of Execution against SABC
The sheriff will visit the SABC on Wednesday or Thursday next week to repossess property of the SABC to the value of R 61 295.26 should the money not be handed over to the sheriff. The SABC has failed to pay this amount to BEMAWU when the SABC unlawfully cancelled our Collective Agreement and BEMAWU won the case in the Labour Appeal Court.
POST RETIREMENT MEDICAL AID UPDATE
On 14 January this year we wrote a letter to Mr. Mokoetle and we alerted him about the fact that the case will be heard in February. We suggested a meeting to discuss and negotiate a settlement. We received no response from the SABC.
We will not consent to mediation. All parties knew about the case and the dates were fixed more than 18 Months ago. When you are in charge of a multi billion rand organisation you don't wake up on the eve of a 10 day scheduled court case and decide to mediate.
We will proceed on Monday.
Thursday, 25 February 2010
POST RETIREMENT MEDICAL AID
Johannesburg - The SABC was described as "distasteful, unacceptable and dishonest" in a scathing attack over the rights of its pensioners in the Rand High Court on Wednesday.
Judge Percy Blieden delivered judgment in the class-action suit brought by 93 SABC pensioners after the SABC suspended their medical contributions and cheaper TV licences in a "unilateral" way "without negotiating".
The groups of pensioners - including well-known personalities such as Cliff Saunders, Johann Pretorius and André Liebenberg - walked out of the courtroom victoriously.
The SABC was ordered to start paying 60% of the pensioners' medical-fund contributions with immediate effect.
The public broadcaster was also ordered to reinstate the TV subsidy to pensioners immediately.
Moreover, the broadcaster was also told to refund all the money the pensioners had to pay from their own pockets ever since the benefits were suspended, as well as the interest at 15.5% per year.
Costs estimated at R250m
The exercise is estimated to ultimately cost the SABC R250m.
Blieden said as a "state organ" the SABC is expected to act ethically, to practise good human-resources management, to be transparent with information and to act impartially, fairly, equally and without prejudice in its service provision.
"Unfortunately the facts of this case prove that none of the conditions were met by the SABC in its relationship with the pensioners.
"The mere thought that costs are curbed by aiming at the rights of pensioners with regards to medical-aid funding is not only distasteful but unacceptable and dishonest."
Conspiracy claims "scandalous and libellous"
Blieden also rejected an argument from the SABC that the pensioners conspired before their retirement to ensure that "white managers in the SABC" resigned with benefits to which they were not entitled, as "totally scandalous and libellous".
Piet Bester from the firm Blake Bester Inc, which acted on behalf of the pensioners, described the verdict on Wednesday as a "strong signal to all employers in the country that they cannot unilaterally and without negotiation" tamper with employee and pensioner benefits.