BEMAWU Application Form 2017

ARBITRATION AWARD UPLIFTS UNFAIR SUSPENSION OF SENIOR SABC OFFICIAL | BEMAWU

BEMAWU Logo

28 July 2016

FOR IMMEDIATE RELEASE

The Broadcasting, Electronic, Media & Allied Workers Union (BEMAWU) today obtained an arbitration award in favour of Christian (Tian) Olivier uplifting his unfair suspension of five (5) months.

Olivier is the Financial Manager at SABC Audience Services, Auckland Park and acted previously as the GCEO, the CFO of the SABC, and also as the Group Executive, Risk and Compliance.

Olivier was suspended on vague and unfounded allegations that he allegedly “leaked” information to the media in respect of the cost and procurement of the very expensive Rugby World Cup set.

The SABC’s Personnel Regulation does not make provision for a suspension on these allegations and furthermore, it stipulates that “where prima facie” an employee has committed serious misconduct, such as fraud, theft or assault the employee may be suspended.

Today, after five (5) months and without any communication whatsoever by Audit or investigators, the SABC could not present prima facie evidence of wrongdoing on the part of Olivier.

Olivier will report for duty on Monday, 1 August 2016.

End//

Hannes du Buisson

0829208669

 

BEMAWU Application Form 2017

COST ORDER AGAINST SABC FOR INVALID DISMISSALS | SABC 3 | BEMAWU

BEMAWU Logo

 

28 July 2016

FOR IMMEDIATE RELEASE

The Broadcasting, Electronic Media & Allied Workers Union (BEMAWU) today secured a Labour Court order against the SABC inter alia declaring the dismissals of Mr Lukhanyo Calata, Ms. Busisiwe Ntuli and Ms Thandeka Gqubule invalid and therefore null and void.

BEMAWU also secured a cost order against the SABC wherein it has been ordered to file an affidavit within five (5) days identifying the person(s) responsible for the dismissals of the three journalists. Then within a further five (5) days the people so identified must file an affidavit giving reasons why they should not be personally held responsible for the costs.

The effect of this award is that the people responsible for the dismissals of the journalists are already held responsible for the cost. They should now convince the court why they should not pay the cost.

The matter will then be enrolled again to determine the scale on which the individual responsible for the dismissal and the SABC will be liable for the cost.

We believe this judgement will sent a strong message to the Corporate that the Labour Court will not hesitate to pierce the corporate veil and look underneath it to held individuals responsible for vexatious conduct – in particular in public entities. This judgement will also help to balance the scales slightly in favour of employees who often is up against the monitory supremacy and power of corporates and  public entities.

We will relentlessly pursue the cost orders against the individuals responsible for the invalid dismissals of the journalists and the SABC.

End//

Hannes du Buisson

Spokesperson

0829208669

Labour Court Order here.

BEMAWU Application Form 2017

SEVEN JOURNALISTS REINSTATED! | BEMAWU

The seven (7) journalists who have been dismissed unlawfully and invalidly have been re-instated by the SABC.

BEMAWU filed an urgent application in the Labour Court to declare the dismissals of its members Lukhanyo Calata, Busisiwe Ntuli and Thandeka Gqubule invalid and have them reinstated.

The SABC, in reply, and hours before the case had to be heard send this letter to our Attorneys, Webber Wentzel.

What now remains, is the issue of cost.

Our Attorneys have already filed an amended Notice of Motion, and BEMAWU will proceed to the Labour Court on Thursday unless the SABC tender full cost.

LETTER TO WEBBER WENTZEL ATTORNEYS

BEMAWU Application Form 2017

Election Overtime

Dear Member,

We have received several enquiries about Election overtime. There is no agreement with BEMAWU in respect of the overtime and therefore the Time Management Policy will apply.

Hereunder parts of the Policy.

· In short, there must be a written agreement not older than one (1) year with the employee to work overtime. If there is no such agreement, an employee may refuse to work overtime.

· If the employee normally works shifts, averaging of hours will apply. If the employee does not work shifts normally, the real hours worked must be credited and/or paid out.

· Overtime must be paid out, unless there is an agreement with management to take the time off, which must be granted and taken within a month.

· If you work more than 12 hours, it must be paid out at double time the end of the following month.

· If you work more than 4 hours and up to 8 hours on Election Day, you will be credited 8 hours and paid for 8 hours. More than 8 hours will be credited at real time and paid at real time worked. (Example: If you work 6 hours, you will be credited 8 hours and paid for 8 hours. If you work 11 hours, you will be credited for 11 hours and paid for 11 hours.)

The complete policy can be found at http://bemawu.org.za/2016/07/27/time-management-policy-sabc/

3. Overtime

• Employees agreeing to the principle of working overtime will be required to sign a form to this affect. The agreement will enable management to schedule staff for overtime. This agreement will be valid for one year. The agreement will terminate should the employee’s conditions of employment change (i.e. another shift pattern).

• Hours in excess of nine (9) hours per day will be credited at 1½ times normal time. Where averaging does not apply the time earned may be paid out or time given off as agreed between management and the staff member within one (1) month.

• All hours in excess of twelve (12) hours per day will be paid out at double time at the end of the following month.

• Will be limited to ten (10) hours per week.

Hours worked in a normal working week which includes normal and overtime may not exceed fifty (50) hours per week. All hours in excess of fifty (50) hours must be agreed to by the parties concerned and paid out at double time by the end of the following month.

4. Unsociable Hours

• Is defined as the hours from 17:00 to 07:00 on a week day and from 17:00 on a Friday to 07:00 on a Monday.

• Every employee working these hours will receive a ten (10) minute credit every hour or part of an hour worked.

• Management will have the right to either reduce the working hours to compensate for the credits earned or pay out the credits.

• The credits will be revisited at the end of May 1998 after the impact of the credits have been determined at which point it will be the subject of further negotiations.

• Any personnel member currently receiving a shift allowance may elect to continue with or elect to come into the new system.

• Meal intervals will be scheduled as per the Act.

10. Public Holidays

Work on public holidays will be dealt with as follows:

0 – 4 Hours = 4 Hours credited + 4 Hours paid
4 – 8 Hours = 8 Hours credited + 8 Hours paid
8 + Hours = Credit equals hours worked + hours paid equals hours
worked.

(10 hours worked – employee will receive 10 hours credit and 10 hours payment)

cropped-Bemawu-Logo-1.jpg

TIME MANAGEMENT POLICY | SABC

TIME MANAGEMENT PRINCIPLES

1. Required Hours

Employees will be required to work a forty (40) hour week.

2. Working Day

A working day may consist of up to nine (9) normal hours subject to clause 8(1)(b) or any other relevant clause in the Basic Conditions of Employment Act changing.

3. Overtime

• Employees agreeing to the principle of working overtime will be required to sign a form to this affect. The agreement will enable management to schedule staff for overtime. This agreement will be valid for one year. The agreement will terminate should the employee’s conditions of employment change (i.e. another shift pattern).

• Hours in excess of nine (9) hours per day will be credited at 1½ times normal time. Where averaging does not apply the time earned may be paid out or time given off as agreed between management and the staff member within one (1) month.

• All hours in excess of twelve (12) hours per day will be paid out at double time at the end of the following month.

• Will be limited to ten (10) hours per week.

Hours worked in a normal working week which includes normal and overtime may not exceed fifty (50) hours per week. All hours in excess of fifty (50) hours must be agreed to by the parties concerned and paid out at double time by the end of the following month.

4. Unsociable Hours

• Is defined as the hours from 17:00 to 07:00 on a week day and from 17:00 on a Friday to 07:00 on a Monday.

• Every employee working these hours will receive a ten (10) minute credit every hour or part of an hour worked.

• Management will have the right to either reduce the working hours to compensate for the credits earned or pay out the credits.

• The credits will be revisited at the end of May 1998 after the impact of the credits have been determined at which point it will be the subject of further negotiations.

• Any personnel member currently receiving a shift allowance may elect to continue with or elect to come into the new system.

• Meal intervals will be scheduled as per the Act.

5. Time Off

Must be granted according to the following minimum breaks:

• Twelve (12) hours between work periods

• Two (2) times sixty (60) hour breaks per month of which at least one (1) break must include a full weekend.

• Plus an additional Sunday unless management and the staff member agree otherwise.

• For the weeks in which a sixty (60) hour break does not occur a rest period of thirty six (36) hours must be provided.

6. Averaging of Hours

• Averaging of hours will be applicable where employees are required to work a specific shift pattern.

• Normal hours, overtime hours up to twelve (12) hours and their accumulated credits, normal hours and credits earned on a Sunday as well as unsociable credits will all be accumulated for the purpose of determining hours worked.

The following buffer containing maximum hours (short or over) will apply where this is required by business units:

• Should a staff member be more than twenty (20) hours short at the end of a month the hours in excess of twenty (20) hours will be written off.

• Should a staff member be more than fifty (50) hours over at the end of a month the hours in excess of fifty (50) hours will be paid out.

• At four (4) month intervals (March, July, November) all hours short will be written off and excess hours will be paid out.

The concept of averaging will be revisited four (4) months after implementation of this agreement.

7. Standby

• From 00:00 Monday to 24:00 Friday

Anybody who per the official schedule is to be on standby will receive a two (2) hour credit per standby day or part of a standby day.

• From 18:00 Friday to 06:00 Monday

Anybody who is on standby for a full weekend will receive a eight (8) hour credit for the weekend or a four (4) hour credit for any day or part of a day between 00:00 and 24:00.

All hours worked while on standby will be credited as follows:-

Actual hours worked rounded to the next full two hours (e.g. 1½ hours worked = two (2) hours credit)

Standby will be limited to ten (10) days per month.

8. Emergency Call Outs

Is defined as work performed outside the published schedule and when someone is not on standby and agrees to work. These hours will be paid out at double time.

9. Sunday Work

If a shift pattern could include Sunday work these hours will be credited at a rate of 1½ times hours worked. Personnel who do not normally work on a Sunday will be credited at double time. The time will by agreement (between Management and the staff member) either be paid out or time given off.

10. Public Holidays

Work on public holidays will be dealt with as follows:

0 – 4 Hours = 4 Hours credited + 4 Hours paid
4 – 8 Hours = 8 Hours credited + 8 Hours paid
8 + Hours = Credit equals hours worked + hours paid equals hours
worked.

(10 hours worked – employee will receive 10 hours credit and 10 hours payment)

11. Shift Patterns

A fair distribution of shifts i.e. day/night shifts should be included in a shift pattern.

12. Away from Base

Work away from base will only be performed in terms of an agreement between management and the staff member.

When implementing schedule patterns for staff the current working patterns should form the basis for future schedules. Schedules should be published at least two weeks before the month to which it refers.

This agreement is subject to any amendment to the Basic Conditions of Employment Act.

The agreement will be implemented with effect from 1 February 1998.

BEMAWU Application Form 2017

SABC CHARTER

This is the SABC’s Charter.

Copied here in the event it disappear again.

“(1) The Corporation must comply with the Charter as outlined in this part.
(2) The Authority must monitor and enforce compliance with the Charter by the Corporation.
(3) In terms of this Charter, the Corporation, in pursuit of its objectives and in the exercise of its powers, enjoys freedom of expression and journalistic, creative and programming independence as enshrined in the Constitution.
(4) The Corporation must encourage the development of South African expression by providing, in South African official languages, a wide range of programming that-
(a) reflects South African attitudes, opinions, ideas, values and artistic creativity;
(b) displays South African talent in education and entertainment programmes;
(c) offers a plurality of views and a variety of news, information and analysis from a South African point of view;
(d) advances the national and public interest.
(5) (a) The Board must prepare and submit to the Authority not later than three months after the date of conversion, policies that will ensure compliance with the Authority’s Code of Conduct as prescribed and with the Corporation’s licence conditions and with the objectives contained in this Act, including:
(i) News editorial policy;
(ii) programming policy;
(iii) local content policy;
(iv) educational policy;
(v) universal service and access policy;
(vi) language policy; and
(vii) religious policy.
(b) The Corporation must notify the Authority in writing of any amendments to the policies referred to in paragraph (a) as soon as reasonably possible.
(6) The Board must ensure that there is public participation in the development of the policies referred to in subsection (5) by inviting and considering public comment on such draft policies and by other means.
(7) The Corporation must provide suitable means for regular inputs of public opinion on its services and ensure that such public opinion is given due consideration.
(8) The Corporation must develop a Code of Practice that ensures that the services and the personnel comply with-
(a) the constitutional principle of equality;
(b) the equitable treatment of all segments of the South African population;
(c) the constitutional requirement of equitable treatment of all official languages;
(d) the rights of all South Africans to receive and impart information and ideas;
(e) the mandate to provide for a wide range of audience interests, beliefs and perspectives; and
(f) a high standard of accuracy, fairness and impartiality in news and programmes that deal with matters of public interest.
[S. 6 substituted by s. 6 of Act 64/2002]

To view more information see the Broadcasting Act (Chapter 4), available for download in our ‘Downloadable Documents section.”

BEMAWU Application Form 2017

SABC Labour Court case the first of its kind | BEMAWU

The Labour Court in Johannesburg will on Thursday hear an  urgent application by three more axed SABC journalists to be reinstated.

Lukhanyo Calata, Busisiwe Ntuli and Thandeka Gqubule were fired after speaking out on SABC editorial policy.

Four others have already approached the Labour Court and a ruling in their case is expected on Tuesday.

Speaking on PM Live, Hannes du Buisson of labour union BEMAWU says the SABC has breached the terms and conditions of employment of employees.

He says in his 20 years of involvement with the SABC, he had never seen SABC employees being dismissed without a disciplinary hearing.

Full story here.