ELRC 202324 Annual Report

EDUCATION LABOUR RELATIONS COUNCIL | 2023/24 ANNUAL REPORT

L EDUCATION LABOUR RELATIONS COUNCI

3.

STRATEGIC OVERVIEW

3.1 Situational Analysis Factors that influence the plans and activities of the Council

The factors that influence the core operations of the Council are detailed below.

3.1.1. Dispute Management Services Dispute Management Services (DMS) is committed to rendering an expedited dispute resolution service to all parties to the Council. The use of legal representatives impacts the dispute resolution process, as cases are not finalised speedily and efficiently, and are prolonged for more than a year. Legal representatives equate the Education Labour Relations Council’s (ELRC) arbitration processes with those of a court of law, instead of understanding that it conducts processes with minimal legal formality. Legal representation in the ELRC arbitration process for alleged misconduct and incapacity is not allowed automatically: applicants have to apply, and after considering the relevant factors associated with an application, a Commissioner either grants or refuses an application. The ELRC aims to protect children’s rights by making provisions for intermediaries and interpreters during arbitration proceedings. Furthermore, the Council has secured special venues, such as magistrate courts, for disputes where learners are either victims or witnesses. 3.1.2. Collective Bargaining Services The nature of a bargaining council is such that the tension between parties affects the organisation’s performance. The agenda and programme for bargaining are entirely dependent on the parties. Therefore, the achievement of the Council’s objective of collective bargaining is affected if the relationship between the parties is not sound. 3.2 Performance Delivery Environment The ELRC is a bargaining council comprising the Department of Basic Education (DBE) and the DHET as the Employer, and the admitted teachers’ unions. It operates in the public education labour relations environment and, over the years, has managed to contribute towards labour peace in public education. To improve the delivery of services, the Council will take steps to improve its efficiency in dealing with matters of mutual interest and individual rights disputes. During the 2023/24 financial year, identified factors that negatively affected the Council’s performance were addressed, with the objective of improving areas considered important in contributing to Outcome 1: Improved quality of basic education.

3.3 Vision To improve the quality of teaching and learning through labour peace.

3.4 Mission Quality services for excellence in teaching.

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