Charges
- Inciting friction between Staff and Top Management
- Sending "Information" about Top Management to Parliament
- Sending an e-mail asking all staff to join unions, on a "corporate template"
- "Enjoying" the rights afforded to a Shop Steward, while not being one
Panel
- Alan Visser (has fired more than 20 people - most cases disputed at CCMA + Labour Court)
- Tseliso Leballo (has fired many people - also disputed)
- Merlyn Ashen - HR (Sport, at which CWU members have received bad HR service)
Tommy has disputed the panel chair (Alan Visser) as biased, due to previous experiences with him. CWU now declared a dispute over the interpretration of the Disciplinary Code clause that says a panel must "be seen to be as objective as possible"!
The CCMA shall soon provide us with a date. It is high time that the SABC learns to stick to it's own rules. We undertake to defend the mandate we were given to protect out Shop Stewards!
The hearing will continue on 2 September. It looks like it may stretch for months. There are many witnesses. We need also to line up our own witnesses soon. Please contact Tommy, Billy, Mimi or Aaron if you have had any matter dealt with by Cde Rian in the past 2 years, so you can be added to the witness list.
You have the right to unionise and to fight stupidity.
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Are you willing to defend the organisational rights of the union?
Can Cde Rian expect a fair hearing from these SABC managers?
By refusing to see our value, the SABC negotiators are:
Who currently keeps the SABC on air?
SEF has convinced Jane Duncan (freedom of expression champion) to accept our nomination, only if it comes from us
The counter proposal is:
Should CWU/MWASA refer the "agreement" signed by "SMS ballot" to CCMA for adjudication?
The letter to SABC Board is hereby:
Who can save the SABC?
What is the main reason you will strike?
What should the Minister do to stop the strike?
Who should we negotiate with?
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I opened blog too late otherwise I would have gone to support comrade Rian.
ReplyDeleteI will be at the next hearing. Ben please give us update on what happened at the hearing this morning.
1. Four people, Tommy, Billy, Mimi, and Rian himself placed reasons on the table why Alan Visser can not be seen to be objective.
ReplyDelete2. Tommy stated that it is a high profile case, which is instituted and driven by EXCO, and was discussed at Board level. As such, no internal line manager can claim not to act under the instructions of EXCO.
3. The CWU President, Joe Chauke, had instructed Tommy to put CWU's objection to the panel, and report back.
4. Further, Alan Visser had been the chair in two previous hearings where Tommy represented a comrade, and had shown bias in both of those.
5. However, even in the face of 4 people stating that Alan Visser was seen as NOT OBJECTIVE, Mr. Visser still claimed to be objective.
6. He admitted to being instructed by Keobokile Mosweu, not to elect the route of an independant arbitrator.
7. The panel displayed haste in wanting no delays, and had no regard for the fact that even the initiator suggested that the ER person that made this instruction, be called to clarify why.
8. Becasuse the panel is seen to be biased by so many, Comrade Rian can not participate in the hearing before the CWU President has been satisfied that the panel is indeed objective.
9. Should no panel be found that CWU President can see as objective, the union itself will be willing to pay for an independant arbitrator.
If you have any opinions on this, please voice it here, and please vote whether you believe an independant panel can be found inside. Your vote will allow Cde Rian to decide whether to continue or not.
It is now the decision of the initiator, Bernard Koma, to decide whether it is in the interests of Justice to continue presenting to the rejected panel, or to wait for the feedback from his union President. As a CWU member, we must monitor whether he takes instructions from the panel, or is informed by the rules of Natural Justice.
ReplyDeleteDoes anyone know whether Cde Bernard is continuing in Rian's absense? If he is, Cde President should be informed, as it is not fair if he does that without Rian being able to cross-examine. Why is the panel so hasty with this? Who drives them?
ReplyDeleteComrade Rian reports that he's received a letter from the Panel Chairperson, Alan Visser, that the hearing will resume tomorrow at 09:00, and if he is not there, it will continue in his absence.
ReplyDeleteThis is completely against procedure, as it is supposed to be the Inititiator (Bernard Koma), NOT the Chairperson, that must decide on the continuation of a hearing. Something smells like a "Vissery" (Fishy). Please comment, and suggest a way forward.
I believe the Union should declare an immediate dispute, as this is typical of Visser. He was found to have been biased in the Ernest Dlamini (MWASA GS) matter as well.
ReplyDeleteIt may be a good idea to contact Cde Ernest for advice.
I agree with Anonymous "the union should declare an immediate dispute. Ben could not have said it better. "it does indeed smell fishy and it stinks"
ReplyDeleteGET AN INDEPENDANT ARBITRATOR if need be.
Never trust Alan Visser. He wil do anything to please Management. He really is BAD NEWS. Be very careful.He will never be objective - never ever.
ReplyDeleteThe problem is that EXCO is quite capable of bullying this matter through, even if it is clear they are instructing Visser. They don't care, as they have gotten away with it so many times.
ReplyDeleteThe only way to stop it, is for the union to:
1. Strike
2. Open a criminal case of intimidation
3. Declare a dispute on union bashing (organisational rights)
Let us come together on this one comrades. Rian needs us. LEADERS TELL US WHAT TO DO. TOMMY, MIMI.
ReplyDeleteHi Ben, any idea what happened at the DC of comrade Rian this morning?
ReplyDeleteA letter was presented by Comrade Tommy to Labour Relations, stating that the SABC will find itself in dispute with the CWU, should they refuse to remove panel chairperson Alan Visser.
ReplyDeleteThe SABC then proceeded to instruct Alan Visser to continue with the hearing, regardless of the dispute.
In light of this, there is now a dispute with the SABC. COSATU' National Organiser, Theo Steele, has pledged COSATU support for us, to help defend the right of union members to have fearless Shop Stewards - free of victimisation.
sho sho... I feel for Rian...Benard Koma is a hanging judge. infact all those people in the panel will not be fair. I hope an independent arbitrator on this case would be a the one chairing. When will thing ever change here at the SABC when. Doe'snt Mngt know that employees are huma beigns, fathers and bread winners.
ReplyDeleteThis is a test of the resolve of the largest union at the SABC. Comrade Rian would be quite happy to work freelance, as he would probably be better off than the terrible salary the SABC pays.
ReplyDeleteHowever, he is going through this pain to show once and for all how bloodthirsty and uncaring SABC management can be.
It is time we show those self appointed dark lords who really is valuable at the SABC
Comrade Rian, I cannot say this enough. CWU is BEHIND YOU every step of the way. Ben please let our comrade know this.
ReplyDeleteCde Rian has said on several occasions this must NOT be about him as a person, but about the fact the SABC is Union Bashing. The SABC mangement must never be allowed to silence a vocal Shop Steward (or in this case, the leader of Shop Stewards).
ReplyDeleteIn another twist to the Saga, on of the CWU members had elected Rian (who is still an employee of the SABC) to represent her in her DC. The SABC panel took one look at cde Rian, then ran straight to "ER" for help.
ReplyDelete"ER" then obediently and predicatably, intimidated Cde Rian's line manager to withdraw the permission he had granted to Cde Rian for the purpose of him attending her DC.
The plot sickens...
OMG!!!!!!this blog reads like a CSI report. Keep up the communication comrades. We should know every little thing that's happening here.
ReplyDeleteWHAT IS THE LATEST ON COMRADE RIAN'S DC BEN?
ReplyDeleteThere is no new news. Cde Tommy has suffered a family tragedy, and he is attending to that. The DC has been postphoned until he is able to give his full attention to that.
ReplyDeleteThank you Ben for the update.
ReplyDeleteANY NEWS YET ON COMRADE RIAN BEN?. I see Comrade Tommy is back at work.
ReplyDelete