THE CITY OF JOHANNESBURG



CITY OF JOHANNESBURG

LABOUR RELATIONS POLICY

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LABOUR RELATIONS CENTRAL

CORPORATE SUPPORT SERVICES

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|CONTENTS |

SECTION PAGE

1. PREAMBLE 3

2. VISION 4

3. PHILOSOPHY 5

4. PURPOSE 6

5. MISSION STATEMENT 6

6. PRINCIPLES 7&8

7. POLICY PROVISIONS 9

A. EFFECTIVE COMMUNICATION 9

B. INTEGRATIVE COLLECTIVE BARGAINING 9

C. TRAINING AND DEVELOPMENT 10

D. DISCIPLINE AND GRIEVANCES 10

E. DISPUTE RESOLUTION 10

F. JOB SECURITY 11

G. PROTECTED INDUSTRIAL ACTION 11

H. STRATEGIC STAFFING 11

I. REWARD MANAGEMENT SYSTEM (PMS) 11

J. WHISTLE BLOWING 12

K. EMPLOYMENT EQUITY 12

L. HEALTH AND SAFETY 12

M. ORGANISATIONAL RIGHTS 13

N. MANAGEMENT APPROACH 13

O. REMUNERATION AND BENEFITS 13

8. MANAGEMENT RESPONSIBILITIES 13

9. CONCLUSION 14

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|PREAMBLE |

Whereas the constitutional objectives of the City of Johannesburg (CITY), as Local sphere of government, is to provide democratic and accountable government for local communities, ensure the provision of services in a sustainable manner, promote social and economic development, promote a healthy and safe environment and encourage the involvement of communities and community organisations in the sphere of local government.

Whereas the City recognises that it is essential to enhance its relations with all its stakeholders to ensure that they share the understanding of and support its vision and values, to deliver on these objectives and in order to remain at the cutting edge of innovative, effective and sustainable local government service delivery.

Whereas the City’s restructuring processes are aimed at achieving the above through structural and functional transformation, human resources development, improved accountability and elimination of duplication to reach optimum functioning defined by organisational effectiveness and efficiency.

Whereas the City regards its employees as important and highly valued partners and means of meeting its short and long term challenges in its incremental growth and transformation towards its goal of ultimately becoming the World Class African City.

THEREFORE the City in turning the attitudinal tide of transformation/change subscribes to this Labour Relations Policy with its inherent values, principles and objectives, in order to define and enhance relations with its employees and thereby facilitating an organisational culture and environment which is supportive and enabling enough to allow their and the City’s full potential to be realised.

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|VISION |

The vision of the City is to-

• Achieve synthesis – that is, to nurture the reality that the employee’s goals and that of the City are coincidental and that both parties should work together for their own and the community in general’s good.

• Work towards achieving the co-operation and support of employees and their representatives through improved communication, consultation, negotiation and decision-making.

• Promote and implement creative problem solving and alternative dispute resolution mechanisms, processes and methods to resolve and minimise conflict and enhance consultation/negotiation/engagement on issues of mutual interest and right.

This vision, is informed by and reinforces the fundamental rights of freedom of association, fair labour practices and organised labour activities that do not necessarily contradict the autonomy and rights of the City in terms of its constitutional and administrative obligations.

This vision whilst recognising collective bargaining as the primary process of engagement within a structured Labour Relations Management environment, also recognises that the City has a special and personal relationship with each of its employees.

The vision further recognises that the unions as the recognised bargaining agents/representatives of their members, and management, on behalf of the City, operate within defined Labour and Local Government Legislation, Council Policies, Administrative Directives and Collective Agreements, such provisions which regulate the management of the workplace and Labour Relations.

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|PHILOSOPHY |

The City of Johannesburg subscribes to a Social Corporatist approach to Labour Relations, such conceptualisation that underpins its holistic management of the organisation.

This recognises that although there is inherent tension between the needs of employees and management due to their divergent roles and objectives, resulting in inevitable conflict, which is considered to be a natural by product of the relationship, and that will be managed through mature and co-operative problem solving approaches which ensure that the parties achieve outcomes or results in the interest of their constituencies within the tri-partite relationship, the organisation, its community and the country as a whole.

This compact requires that the parties engage within a managed or regulated Labour Relations and organisational environment where mutually acceptable rules and regulations dictate the nature and means of interaction. Furthermore, the management of organisational issues which impact on employee’s interests are done in a consultative/co-operative manner and when necessary on a joint decision-making basis with the representative unions.

Further, in this Labour Relations approach the City will pro-actively and constructively promote the business of the City taking into account the rights and interests of its employees.

All current and envisaged policies and related strategies will take into account all the City’s variables (Global and National influences, Corporate/Business Strategies, Managerial perceptions and philosophy and Labour’s goals) so that labour relations can be managed in an integrated basis in line with the Integrated Development Plan and other functional business plans in the interest of all stakeholders and the community at large.

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|PURPOSE |

The purpose of this policy is to:

• facilitate the achievement of an Employee Relations environment within the City that ensures that all internal and external stakeholders are committed to the City’s vision and values, and achievement of the City’s goals and objectives as defined by the Integrated Development Plan, Strategic Thrusts and or other strategies of the City as adopted from time to time.

• define the values and guiding philosophy that form the basis of this policy framework that gives direction on the management of relationships between the City, individual employees and organised labour.

• ensure that there is scope, within the related Human Resources and management policies, systems, and procedures, for ongoing and dynamic adaptation to environmental and organisational change, so that progressive and innovative Labour Relations orientated practices and approaches become part of the organisational fabric/culture, management philosophy and methodologies.

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|MISSION STATEMENT |

The Labour Relations Mission of the City of Johannesburg is to nurture progressive relations with organised labour and employees in general for the achievement of its strategic objectives and therefore commits itself to:

• Empowering management and employees through requisite labour relations training.

• Implementing enlightened uniform and fair Human Resources, Labour Relations and Management policies and procedures throughout the City.

• Developing structures, systems, processes, procedures and programmes, and to provide related services/functions, to ensure that all role-players can participate effectively and freely within the Labour relations environment and broader management of the City.

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|PRINCIPLES |

The following principles/values shall apply in the application of this policy:

• DUE PROCESS

The rules of natural justice shall apply to the City’s interpretation and application of Labour Relations/Human Resources and other, management policies and procedures, thereby ensuring that its administrative actions are fair and just.

• EQUITY

Every employee of the City shall have fair and equitable access/recourse to policies, procedures, mechanisms, benefits and assistance that are applicable to them for their effective functioning and well-being.

• GOOD GOVERNANCE

The City fully subscribes to the principle of good governance, and will exercise its constitutional, legislative and administrative responsibilities in a transparent and accountable manner as it relates to the management of its Human Resources within the broader context of its Local Government obligations.

• INCLUSIVITY

The City will in managing its labour relations environment take into account the interests, needs and values of all its role players.

• PRODUCTIVITY

All employees of the City should strive for amicable working and labour relations in order to foster an environment that promotes employee growth and job enrichment, productivity and service delivery excellence.

• COMPLIANCE

The City undertakes to comply with all relevant Labour related legislation, Council policy and procedures as amended from time to time, and any applicable Bargaining Council agreements.

• AUTONOMY/INDEPENDENCE

The City espouses the right of the unions to strive for the improvement of their members Conditions of Service and quality of life and similarly expects labour to respect the City’s right to manage its resources within financial constraints and in the best interest of ratepayers and community at large.

• FREEDOM OF ASSOCIATION

The City is committed to freedom of association as defined and envisaged in the Constitution, Labour Legislation and International Labour Organisation protocols.

• EQUAL WORK, EQUAL PAY

The City will remunerate employees on the above basis for work of equal value that is executed with equal effectiveness.

• EQUALITY

The City espouses the values of the Bill of Rights.

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|POLICY PROVISIONS |

The ultimate goal – Progressive, sound and healthy Relations between the City, its employee’s, and their respective representatives.

The creation of positive and sound relationships characterised by integrity, trust, respect and good faith integrative bargaining, where the achievement of the respective parties’ goals and objectives which impact positively on the achievement of the City’s objective of sustainable development and service delivery excellence.

To achieve this overarching objective the City undertakes to establish and implement an integrated labour relations management system that recognises the interdependency and need for synergy between Labour Relations, Human Resources and Operational management policies and procedures, therefore and to that end, the City identifies the following objectives and goals:

A. EFFECTIVE COMMUNICATION

In addition to communication through formal Bargaining Council collective bargaining and Local Labour channels/forums, the City shall also use normal management and alternative internal Communication channels to communicate directly with employees.

Goal – To establish harmonious employment relations through the development of communication structures, processes, mechanisms and approaches/styles that ensure effective communication to all, and between all levels of staff within the City thereby sharing relevant information directly or indirectly with the City’s employees to promote a common understanding of organisational issues which affect/impact employees.

B. INTEGRATIVE COLLECTIVE BARGAINING

The City will determine conditions of service and consult on matters of mutual interest through structured and systematic collective bargaining/negotiations, characterised by integrative bargaining/negotiating approaches/methodologies with the purpose to where possible or necessary, find/reach mutually beneficial or “win, win” solutions/settlements/agreements. Through formal and informal bargaining processes/structures in and outside the confines of the Bargaining Council and preferably in the local bargaining unit.

Goal – To achieve a level of mature, non-confrontational or co-operative engagement on substantive and procedural issues that results in minimal disruption of the Labour Relations and working environment and which leads to effective consultation/negotiations that are characterised by quality outcomes.

C. TRAINING AND DEVELOPMENT

The City undertakes to ensure that all employees receive training and development required in line with its Skills Development Plan for which the requisite funding shall be provided.

Goal – That employees have the level of skill and competency required for them to fulfil the objectives or requirements of their respective function/job effectively, also to address the shortage of skills brought about by the legacy of Apartheid, further to unlock the inherent potential of all employees for the good of the City and their broader communities.

D. DISCIPLINE AND GRIEVANCES

Line Management shall consistently and fairly apply disciplinary and grievance procedures to maintain orderly conduct in the workplace and to resolve employee concerns effectively.

Goal – To promote disciplined behaviour amongst all its employees so that they work together productively and harmoniously. To ensure that employees have a formal upward channel of communication open to them to have valid grievances resolved expeditiously. Both processes will follow the prescriptions of the relevant clauses in the Conditions of Service where and when applicable. In disciplining employees, the City will comply with the relevant codes of good practice and case law precedents.

E. DISPUTE RESOLUTION

It is the City’s belief that individual or collective disputes must be dealt with as expeditiously and fairly as possible through recognised formal and informal or alternative dispute resolution mechanisms/processes. Recognising that some issues giving rise to conflict/disputes can by their nature only be resolved through exercising of collective power, the City will when within their power/authority consider alternative deadlock breaking options to prevent unnecessary conflict.

Goal – To create, implement and maintain dispute resolution processes/mechanisms by agreement with labour, which are swift, fair and minimise disruption of service delivery, but ensure quality outcomes that promote trust and acceptance of and in the processes/mechanism by all parties.

F. JOB SECURITY

It is the City’s policy to provide continuous employment for all its employees as far as possible and adhere to fair practices and procedures in cases where organisational change dictates otherwise.

Goal – To ensure that policies and procedures are in place, that provide for fair processes in regards to organisational change, restructuring/transformation and when necessary for staff reduction.

G. PROTECTED INDUSTRIAL ACTION

The City’s recognises that industrial action (Strikes and Lockouts) are valid means of exercising power as allowed for in terms of the Labour relations Act but must be conducted in a procedurally and substantively correct manner where the parties act in a professional and controlled way, in order to avoid injury to persons and property.

Goal – To implement and maintain an Industrial Action Management System/policy framework that defines mandating processes, roles, responsibilities and authority of designated persons when managing any action, and which further clarifies the City’s standard response or position in relation to different forms of action.

H. STRATEGIC STAFFING

The City is committed to staffing from within. Every endeavour will be made to identify and develop the potential of existing employees to enable them to progress upwards thorough the organisational hierarchy. All recruitment and selection will be done in a fair and transparent manner.

Goal – To ensure the timeous holistic provision and placement of competent and skilled employees within the organisational functional units and positions, in terms of predefined and planned for or incidental needs in line with succession and manpower planning plans and equity targets dictated by equity plans.

I. REWARD/PERFORMANCE MANAGEMENT SYSTEM (PMS)

The City believes that an effective reward/performance management system is the best means of defining and achieving measurable performance objectives/goals, as ascertained through measurable qualitative and quantitative outputs to standards dictated by and aligned to the City’s Integrated Development Plan.

Goal- To implement a complete and comprehensive system, through all levels of staff, to evaluate or measure performance against predefined realistic and achievable goals and standards and targets/outcomes. To use the assessments as a means or tool to identify and remedy any organisational deficiencies both individual and institutional which may be impeding the delivery of the required performance/outcomes. Further to reward employees with financial or non-financial rewards where employees achieve above average or exceptional performance and to take remedial action to improve performance where it is lacking.

J. WHISTLE BLOWING

The City recognises and accepts its employee’s and the representative unions as the City’s partners in their fight against fraud and corruption and undertakes that no employee will be suffer any negative consequence if they expose such conduct on the part of councillors, management or colleagues through the City’s whistle blowers procedure/mechanism.

Goal – To create a new culture and environment where fraud, theft and corruption will not be tolerated or prevail, this through the implementation of the Council’s Anti- fraud/anti-corruption strategy and related policies and procedures.

K. EMPLOYMENT EQUITY

The City intends to establish a demographically representative or normal workforce reflective of its broader community as expeditiously as possible. This shall be achieved through transparent and legitimate interventions/processes that affirm designated employees/groups directly or indirectly, by not only removing any barriers to their advancement and/or the recruitment of designated employees; but also by actively accelerating their development through training and education, and by creating opportunities for their advancement.

Goal – To eradicate all forms of discrimination in the workplace and address previous imbalances brought about by discriminatory laws, through affirmative action, employment equity prescriptions coupled with skill development and enhancement of potential through coaching and mentoring.

L. HEALTH AND SAFETY

The City is committed to its obligations in terms of health and safety legislation and employee wellness policy requirements.

Goal – To provide safe and healthy working conditions/environment, and the necessary support systems/mechanisms to mitigate the impact of occupational injuries, diseases and other social/family problems.

M. ORGANISATIONAL RIGHTS

The City is committed to the spirit and provisions of the Organisational Rights Agreement and associated agreements as they pertain to the rights and obligations of the parties to the agreement within the local bargaining unit.

Goal – To ensure that the parties operate within the requirements of the agreement and that the necessary systems and procedures are put in place in support of the implementation and management of the agreement’s provisions.

N. MANAGEMENT APPROACH

The City espouses a management culture that recognises the value and dignity of every employee and promotes a management approach which is based on a team leadership style of management, where managers work with and through, in a consultative fashion, their employees to achieve functional and organisational objectives.

Goal – To implement and maintain management policies, systems and procedures that support the above approach to achieve a management climate conducive to sound labour relations and organisational effectiveness.

O. REMUNERATION AND BENEFITS

The City is committed to implement a comprehensive all-inclusive approach to the provision of payment of remuneration and benefits benchmarked against modern national and international standards and practices.

Goal – To implement Total Cost to Company packages that are comprehensive and flexible enough to fit the needs of all levels and categories of employees, and that are cost effective and sustainable.

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|MANAGEMENT RESPONSIBILITIES |

In line with the City’s adopted Labour Relations strategy the City’s administration officials are responsible and accountable in the first instance to manage labour relations, within the context of the mandates provided by Council as their principals.

Mandates shall be provided through the dedicated Labour Relations Mandating Committee consisting of Councillors, senior management and Labour Relations Central officials.

In the interest of effective Labour Relations management within the framework of co-operative governance and concurrent competencies the Committee will:

• Define issues falling within Labour Relation’s functional area of responsibility.

• Eradicate duplication of responsibility and functions at all levels of management.

• Empower line management to utilise executive and administrative powers/capacity to deal with Labour Relations issues that fall within the scope of their functional authority and responsibilities, guided by prevailing policy and statute.

• Appoint Senior Management officials who will represent the City’s interests in consultative and negotiating structures with the technical support of Labour Relations/Human Resources specialists.

The City has appointed the Human Resources Directorate as the lead agent for all Human Resources related matters and therefore task them to:

• Develop and implement an integrated and holistic Human Resources/Labour Relations policy framework;

• Coordinate Labour Relations issues and activities in the City;

• Monitor compliance with HR/LR policy.

In the spirit of co-operation, consultation and joint-decision making, management undertakes to refer relevant policy documents to the unions for their comments/inputs before adoption.

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|CONCLUSION |

The City shall, on an ongoing basis, monitor and revise employment relations’ policies, systems, structures, procedures, and practices in order to ensure the professional management of employment relations within the City.

This policy provides employees and management guidance on the City’s approach to and objectives in relation to Labour relations issues and provides them with a clear framework for ongoing interaction and constructive relations.

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