The R79-million project, involving mainly previously unemployed people, was showcased at a function in Johannesburg today (14 April) attended by executives of the SETA and representatives of the Department of Higher Education and Training (DHET).

To date, three years into the project, 1 096 of the targeted 1 230 apprentices have been enrolled.
The initiative, started in 2007, supports the DHET’s drive for artisan training, in which Minister Blade Nzimande holds a special interest, and its quest to create a productive economy by aligning training and skills development to industry needs. “We will increase the numbers and the quality of skilled artisans, particularly in priority trades, through a synergy of strengthening FET (further education and training) colleges, Setas’ work and business initiatives,” he announced in his budget vote speech of 25 March. The department’s annual target is 12 500 artisans a year against the current average qualification rate of 5 600.

Having set out to increase the pool of competent artisans, particularly in fields identified as having scarce skills, such as millwrighting, fitting and electrical trades, FoodBev SETA entered into three strategic partnerships, with the Southern African Stainless Steel Associations (Sassda), Agriseta, and Coega Development Corporation.

Placements for apprentices were secured with various companies in the food and beverages manufacturing sector with the candidates having to complete 85 weeks of practical training in preparation for a trade test at a Manufacturing, Engineering and Related Services Seta (Merseta) accredited trade test centre. Most of the apprentices who have already completed training have been absorbed into the labour market by the companies with which they completed their training. The majority of these artisans hail from previously disadvantaged backgrounds.

FoodBev SETA chief executive officer Ravin Deonarain explains that apprenticeships have enjoyed a revival of late, after declining over several years for reasons including economic recession and changes in the structure of the economy, technology and work organisations. “They are now reclaiming their place as effective skills development initiatives alongside the more modern concepts of learnerships and skills programmes,” he says. “FoodBev SETA has long recognised the benefits of the traditional apprenticeship programme in providing learners with skills perfectly aligned to the needs of the workplace.”

The SETA  funds apprenticeships to the value of R72 000 per candidate over the two-year training period. Aside from funding, it is responsible for the quality assurance of apprentice training in the food and beverages manufacturing sector, with technical expertise being provided by FET colleges.

To ensure the suitability of candidates for the programme, the SETA worked closely with the FET colleges and the host employers to identify learners with relevant qualifications and the ability to make the transition from college lecture room to demanding work environment.

Says Deonarain: “Experience shows that the selection process must be thorough and uncompromising if a training project is to be successful. For this reason FoodBev SETA assisted host companies with the recruitment of suitable applicants from a pool of candidates obtained from FET colleges.
“Although FoodBev SETA still faces challenges, it has, year-on-year, exceeded its targets in terms of the National Skills Development Strategy (NSDS) and is committed to continuing to do so.

“Apprenticeships will remain an integral part of our skills development efforts for their role in developing and enhancing employability of learners, specifically the previously unemployed, who are among the most important beneficiaries of the NSDS.”

Microsoft and Prometric have reintroduced the Microsoft ‘Second Shot’ campaign in an effort to encourage people to get certified and subsequently address the ICT skills shortage in Africa.

There is a growing concern that SA will continue to lack ICT skills for years to come, especially considering that less than 50 percent of matriculants passed mathematics and science last year. This will force companies to continue to import skills from other countries and subsequently increase the cost of doing business.

Tracy Leathem, iSolve Learning Solutions Practice Manager, says it is now time for companies to improve on the skills they already have. “In an effort to improve the ICT skills shortage, Microsoft and Prometric have reintroduced the Microsoft ‘Second Shot’ campaign. If learners write a Microsoft International exam and fail on their first attempt, their second attempt is absolutely free.”

The company’s vision is to be the leading Microsoft Technology and Softskills training service provider in Africa. Its core training methodology is ‘Applied Competence’, one that addresses a range of scholastic and technical skills.

“More importantly, iSolve Learning Solutions has a holistic approach that ensures that its students are fully competent, work oriented and can easily integrate into any given environment. This model is effective in the development of career paths and encourages lifelong learning,” she concludes.

For more information contact iSolve Learning Solutions on (011) 807 9525.

Disputes dealt with by the CCMA and bargaining councils include unfair dismissals, unfair labour practices and unfair discrimination including sexual harassment. Sometimes these disputes arise because employees fabricate such complaints. However, more often it is because employers either do not know or understand labour law, are not expert in implementing the law or believe that they can get around the law.

Some employees, especially those at higher levels, prefer to ignore unfair treatment at the hands of employers. This is because these senior employees and executives:

• Are intimidated by the employers and their teams of lawyers; and/or
• Do not know how to gather proof of their complaints
• Do not want the hassle of a CCMA process; and/or
• Are scared that prospective new employers may be put off by an employee known to have taken an employer to the CCMA.

As a result the employee or executive gives up and finds another job. They forget that, by doing so, they have allowed unfair action to be swept under the carpet and may have sacrificed a number of years of service. As a result of the employee’s reluctance to take up the matter many types of unfairness are perpetuated. These include, amongst others:

Sexual harassment
Forced resignations
Unfair retrenchments
Firing for misconduct
Poor performance terminations
Scape-goating
Nepotism
Favouritism
Victimisation
Making room for “buddies” or relatives
Cutting of pay
Reduction or removal of benefits and allowances
Verbal abuse
Threats
Assault

Despite the above types of mistreatment many employees either resign and drop the matter or accept a small settlement to keep quiet. Strangely enough this capitulation occurs most frequently in the R10 000 to R50 000 per month remuneration bracket. This is possible because employees at this level are not unionised or do not want to tarnish their reputations by taking the employer to the CCMA.

However, most employers who settle do so because they fear the CCMA, want to avoid hassles, time wasting and costs, do not want their name dragged through the mud or are unsure of the strength of their case.

Employees often accept a settlement because they:

• Are nervous about the possibility of having to represent themselves at CCMA
• Want to avoid confrontation
• Are concerned about their reputations
• Want a quick settlement and fear the cost of litigation

Where there is a financial settlement the employee usually gets the short end of the stick by accepting a one-month to three-month settlement package. However, it is very often in the interests of both the employee and the employer that a fair settlement is reached. The party that wins the settlement negotiations will be the one who:

• Has the wherewithal to provide proof of his/her/its case
• Best understands labour law
• Has access to a labour law expert with strong negotiation skills.

Should the employee or the employer want to achieve a favourable out of court settlement the above three ingredients are available in the market. For example, a reputable labour consultant will not only be able to negotiate a favourable settlement but should be able to do so at a reasonable hourly rate or contingency fee. A favourable settlement for an employer is up to three months; but a favourable settlement for an employee would be six to 12 months remuneration.

Ivan may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: labourlaw@absamail.co.za. Go to: www.labourlawadvise.co.za.

To attend his 12 March 2010 seminar on CHANGES AND DANGERS IN LABOUR LAW please contact Ronni at ronni@labourlawadvice.co.za or on 0845217492 or (011) 782-3066.

Even if the law did not require employers to formalise workplace rules it would be essential for employers to do so as part of a system for keeping order in the workplace. Properly designed and clearly communicated rules serve to set the standards of conduct expected from employees.

The law obliges employers to create certainty and consistency in the application of discipline. This requires that the standards of conduct are clear and made available to employees in a manner that is easily understood.

Two things that an employer is required to prove when it is dragged to the CCMA are that:

• the rule that the employee is alleged to have broken existed at the time of the alleged offence

• the dismissed employee knew he/she was breaking the rule when he/she committed the misconduct.

Therefore, every company, partnership, sole trader, organisation needs to:

- draw up its own Disciplinary Code
- Induct every employee as to its Disciplinary Code
- Keep proof that the above has been done so that, if a dismissed employee claims at the CCMA that he did not know the rules, the employer can prove that this is an invalid excuse.

A Disciplinary Code is an internal document devised by the employer in which the rules of conduct are spelt out and in which the suggested penalties for breaking these rules are listed. As required by Schedule 8 of the LRA, these penalties need to be appropriate in the light of the seriousness of the offence.

When designing the Disciplinary Code for your organisation remember:

• The offences need to be clearly described

• The rules need to be reasonable and fair

• They need to be realistic so that it is possible for employees to follow them

• You should try to include all those rules which pertain specifically to your company/organisation

• To communicate the code to all your employees in a language they understand

• You should explain the reason for rules which employees could have trouble in understanding. For example, you may prohibit your employees’ from receiving visitors at work. If your reason is that visits interrupt work or that security could be compromised you should explain this

• To try to get buy-in for the rules from your workforce by consulting them. That is, you should draw up draft rules and then ask your employees for their views. You should not make the final decision on the rules before consulting your employees.

Assign a labour law and industrial relations expert to:

- Check your Disciplinary Code for legal defects

- Add in rules that are missing

- Train your management in the interpretation and application of the code.