Respecting people’s rights

Respecting people’s rights

EMPLOYEE RELATIONS

The Employee Relations Recognition Agreement (ERRA) was ratified by management and by recognised organised labour in February 2009. The collective bargaining rights threshold was reviewed. Previously, six trade unions were recognised. The three trade unions currently recognised are:

  • The National Union of Metalworkers of South Africa (NUMSA); 
  • The National Union of Mineworkers NUM); and 
  • The United Association of South Africa (UASA).

The ERRA is a collective agreement that regulates the relationship between the recognised unions and Anglo American Platinum Limited (Amplats). The parties to the ERRA accept that the rights contemplated in the ERRA entail certain responsibilities and undertake not to act unfairly and not to commit any unlawful acts. In the interest of Anglo American Platinum Limited and its employees, the parties to the ERRA further commit themselves to working together in gaining employee understanding and support of Amplats's vision, values and strategies.

The ERRA also establishes fully functional partnership structures for dialogue and consultation. These structures are the: 

  • Central Partnership Forum (CPF);
  • National Steering Committee (NSC);
  • Strategic Leadership Forum (SLF);
  • Central Collective Bargaining Forum (CCBF); and 
  • Operational Unit Participative Forum (OUPF). 

The consultation process for restructuring at Amplats is regulated by the Employee Relations Recognition Agreement (ERRA) concluded between the Company and its recognised representative unions. The consultation is conducted through the consultation structures as set out in the ERRA policy. In the first instance the Amplats operational executives meet with the recognised union's head office leadership through the leadership forum structure to consult on the decision of the Executive Committee. Secondly, the head of employee relations will further consult with the union's national leadership, namely regional coordinators who are full-time union representatives through a structure called the national steering committee. Thirdly, each general manager at the operation will again consult with the local leadership of the unions through a structure called the operational partnership forum on the decision of the Executive Committee and the implementation thereof at operational level. Disputes are managed by following a dispute procedure of the same policy and, if not resolved, any party can use the provisions of the legislation, namely the Labour Relations Act, No 66 of 1995. This process typically takes three months. 

Communication structures

Amplats has implemented an employee communication policy, with the following objectives: 

  • To promote the empowerment of line management, the emphasis being on line managers' responsibility as the Company's primary communicators with employees.
  • To provide a common approach to communication within Amplats.
  • To ensure an understanding of the communication roles and responsibilities of all parties in the Company.
  • To provide a framework of support resources for line managers, making it easier for them to achieve sustainable success in their communication with employees.
  • To monitor and audit the effectiveness of employee communication, thereby ensuring an understanding of how to improve on its weaknesses.

The policy also details the structures of communication at various levels of the organisation (an example being supervisors having face-to-face meetings with their teams to discuss production and safety issues).

On various matters of mutual interest to the Company and its employees, management regularly consults and communicates with employees belonging to trade unions. This is done through the transparent partnership and communication structures enabled by the formation of the central partnership forum (CPF) at senior leadership level and the OUPF at operational unit level. The convenors of these communication and consultation sessions are required to publish minutes of their meetings. This ensures that all relevant employees are kept informed on issues currently on the union and management agenda.

Human rights

South Africa is a signatory to the Universal Declaration of Human Rights, which is in turn reflected in South Africa's Constitution. Amplats has incorporated human rights principles into its code of ethics and business principles. These apply to all our operations, including our project in Zimbabwe.

Non-discrimination

Amplats's code of ethics and business principles declares that 'we promote workplace equality and seek to eliminate all forms of unfair discrimination'. This principle is consistent with the Employment Equity Act, No 55 of 1998.

In 2009 two employees were found guilty of harassment and dismissed following a disciplinary process.

Furthermore, the Company has subscribed to all government and industry agreements and also subscribes to government agreements to ensure non-discrimination against foreign labour. It has amended its policies and procedures to ensure non-discrimination against foreign migrant labour.

There were no cases of discrimination that led to formal complaints or disciplinary procedures in 2009.

Freedom of association and collective bargaining

All Amplats employees have the right to freedom of association under the South African Constitution and the Labour Relations Act, 1995. This right is also entrenched in the Group's code of ethics, business principles and employee relations policy.

The Group recognises trade unions with significant representation among its employees, and these in turn participate in collective bargaining forums with management. Some 73.8% of the Group's employees are represented by trade unions and associations. 

Disciplinary procedures

The Company's disciplinary procedures are intended to induce behaviour modification in instances where an employee has committed misconduct. All disciplinary cases are judged based on their substantive and procedural merits. The disciplinary sanctions (outcomes) range from counselling to termination of the employment contract (for serious transgressions that are detrimental to sound running of the Company and thus render continued employment intolerable).

An employee has a right to appeal against the sanction that was imposed by the chairperson of the disciplinary hearing. As in the disciplinary hearing, the appellant has a right to be represented by a fellow employee or a trade union representative during the appeal hearing.

Any appeal process is confined to the merits on which the request for relief is based, as being one of: 

  • wrongful verdict of guilt;
  • unfair penalty/sanction in light of the circumstances of the offences; or 
  • substantive impropriety in that the appellant has been disciplined without reason.

The chairperson's decision on appeal is final. There is only one level of appeal. Should the employee wish to take the matter further, he or she is entitled to process it in terms of the Labour Relations Act or any other applicable legal avenue.

Grievance procedure

Amplats's grievance procedure is intended to create an environment that is conducive to good employee relations, by making it possible for the Company to take prompt and fair action when employees raise legitimate complaints. The two recognised types of grievance are: 

  • the individual grievance, in which one person has a grievance; and 
  • the group grievance, in which more than one person has a grievance. In this instance, the aggrieved group may select up to five representatives to raise the grievance with its immediate supervisor. Union members must select shop stewards as representatives. Employees who are not members of a union must select a representative from the group that has the grievance.

Individual and group grievances are treated in the same way and the same procedure must be followed. Should a grievance remain unresolved, the final management authority within the hierarchy at the operating unit involved is allowed an opportunity to resolve and take a decision on the matter. Further to that, aggrieved parties may employ external dispute-resolution mechanisms regulated by legislation. 

Labour disputes

There were three unprotected industrial actions that resulted in days lost for the period under review. These were all resolved within 24 hours. 

Child labour, and forced and compulsory labour

Amplats does not make use of child labour and does not tolerate the inhumane treatment of employees, including any form of forced labour, physical punishment or other abuse. There were no incidents of child, forced or compulsory labour at Amplats in 2009.

Security practices

Amplats has implemented a set of voluntary principles on security and human rights. The principles are relevant to many aspects of the Group's security management, including risk assessment and interactions with public and private security providers. The principles represent international best practice in the management of security and community risks. Some 98% of all security personnel have attended training on these voluntary principles on security and human rights.

Of the 83 requirements related to voluntary principles and human rights, Amplats fully met 74. The remaining nine requirements are still being implemented. There were no clashes between mine security and community members in 2009. One protection services officer was shot in 2008, by a suspected cable thief.

The Company does not tolerate any form of corruption. Corruption risk is considered within risk assessments conducted for all businesses along with many other forms of risk. Internal audit procedures also consider the risk of corruption within any process that is reviewed, along with the controls to metigate the risk. If controls are not deemed sufficient from a design or operational effectiveness point of view, then such matters will be reported along with management actions. Both the risk management and internal audit procedures are aimed at identifying broad risk facing the business relevant to the individual scope of the risk assessment and will consider corruption risk accordingly. Management remains responsible for the operation of controls to minimise the risk of corruption. 

Indigenous rights

In its code of ethics and business practices, Amplats states that it recognises "the sensitivities involved in addressing issues that relate to the cultural heritage of indigenous communities". Furthermore, the Group seeks "to ensure that such matters are handled in a spirit of respect, trust and dialogue".

IMPROVING HOUSING AND LIVING CONDITIONS

The Seraleng Integrated Human Settlement Project in Rustenburg, which was successfully launched at a sod-turning ceremony in April 2009, is a pilot project that has being undertaken in partnership with the Rustenburg Local Municipality and the North West Provincial Housing Department. Amplats will be facilitating the development of 1,000 housing units for employee ownership as part of the signed agreement with the National Department of Human Settlement. Phase 1 of the project consists of 331 units that are being developed complete with all township services, including water, sewers and electrical reticulation with tarred roads. Phase 1 infrastructure will be completed by the last quarter of 2010.

Four show houses have been completed to help employees make the right choice of house. For instance, the energy-saving units for the homes vary in cost and size, based on our employees' varied family profiles.

In addition to viewing the show units, employees will be compelled to complete a homebuyers' education and training programme, to ensure that they understand fully the life-changing opportunities of home ownership.

The donation

Amplats has appointed a contractor to build access roads in the spirit of the donation that was agreed on between the Company and the Rustenburg local municipality. The access roads will assist the Seraleng community by providing better infrastructure for public transport. They will be tarred and there will be an effective stormwater management system and two bridges.

Promoting home ownership

Amplats continued with its general drive to promote home ownership among its employees, in line with its housing strategy. As a result, significant progress was made in signing up more employees on the Home Ownership Allowance Scheme. Most of these employees come from single accommodation villages, although a few are from informal settlements.