TO: SLATER MANAGEMENT
FORMAL GRIEVANCE PROCEDURES
Date: 11/0412019
Name of Complainant: Attached list of names
Position: Instructors. receptionists. cleaners and managers
Department: Aerobics, Spinning, Sales and Admin
Division: Slater Thabong Sebokeng
Supervisor's Name: XXXXX
Nature of grievance: Compensation, unfair discrimination and unfair labour practice
RED/Underlined - Staff Grievances : Exactly as was written and supplied to the Company.
BLUE - Company Answers
Compensation
Permanent Employees Bonuses to be provided at Sebokeng Slater gym. as it is done at all other Slater gyms.
Bonuses are not a condition of employment, it is at the company’s discretion if and how bonuses will be paid and such payment are normally at the end of the of each year, but the payment of such bonuses are influenced by a variety of factors. .
We need transport allowance for employees who knock in before 7:00 AM and those that clock out after 7:00 PM. due to the point of our late colleague: Ms XX XX XXXXXXXX.
The company does not provide a transport allowance. The company does however try, as far as possible, to employ people living in the area of a club. However, if an employee relocates to another club in a different area, the company may consider transport allowances, however this is negotiated with the individual employee before the relocation comes into effect, and is decided on a case by case basis.
Section 17(2)(b) of the BCEA states that employees, who earn below the BCEA threshold (currently R205,433.30 per annum), may only be required to perform night work if transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's shift
All employees to be paid as per the Sectoral Determination set out in the Basic Conditions of Employment Act. (Receptionists ‘salaries are equivalent to those of Cleaners/ General workers... how so?).
Entry level receptionist, instructors and cleaners all start on the same basic salary. The companies decide if and when an increase or promotion is given to a particular employee. Again, Budgeting and affordability are factors that also need to be considered. Added to this, the company does however provide an optional commission structure, to all willing employees (instructors and managers included), if they sell memberships. This is however, an added optional function, they can do to increase their earnings, but which may not override their basic required employee functions and tasks for which they were employed.
Receptionists can also earn more by reaching certain bad debt targets. Future increases will be based on the employee's individual performance, as well as, on the overall financial performance of the employer's undertaking during the preceding financial year. Such granting of increases (when applicable) will be entirely at the discretion of the employer and will take place during January of each year.
Sales consultant must be permanently employed or get R8000 basic.
The company is in the process of restructuring sales consultants and sales managers salaries to make provision for basic salaries.
Instructors Money for classes to be increased.R250.00 per class. (The initial earning for a class in 2017 was R100.00. however, the management decided to cut that money to R60.00 alleging that the HR department made a mistake. This was done three months after Sebokeng Slater Gym opened. A year later {2018) . the R60.00 was increased to R80.00. and to R85.00 in 2019, which is the lowest amount when compared with other Slater gyms.
As was explained to instructors in 2017 when the gym first opened, the rate of salaries was R60 per class because Sebokeng was giving more classes than any other Slater Gym. The classes given in 2017 was 48 classes.
In 2018 it was increased by R20 to R80 per class. However, If there was a mistake, it was communicated to staff and rectified. The Company received no staff member complaints at that stage.
During the period from 2017 to 2019 the classes grew from 48 to 62 classes per week. This occured without the Company’s knowledge or approval and constitutes a 41% higher weekly class rate than any other Slater Club, including our newest Club in Thabong, Welkom. All Slater Club Instructors receive between R85 – R105 per class depending on class attendance. This is the standard rate the company will looks at.
However, the company must reduce the classes in Sebokeng, as the present 62 classes per week, exceed budgetary restrictions and requirements in Sebokeng. Basically this number of 62 classes per week dont justify the numbers. The company, therefore must cut and combine some classes bringing the weekly class number down 42 classes per week, which is still the highest number of weekly classes given in the entire group. Thabong, Welkom, our newest club, only gives 38 classes per week. It is also entirely at the Company’s discretion to add, combine or cut classes as it sees fit, but here are a few reasons why this may occur:
- The particular instructor’s class isn’t up to standard and has a low attendance rate. - The time of day the class is given, isn’t very popular, resulting in low attendance rates. - There are too many classes given, over a specific time period which results in a low attendance rate. - Budgetary restrictions and affordability.
At present an aerobics instructors in Sebokeng receives R85 per class, which is in line with the standard rate, and the same as that which is paid to the rest group, and only instructors that achieve a high class attendance rate receive more per class.
All instructors to be back paid all monies due, since June 2017.
According to our records no outstanding moneys are due to instructors, should there have been a calculation error in terms of payment. The affected employees should submit payment queries to Head Office, so that this can to be investigated and will if needed rectified as soon as possible
The company always requires our tax numbers, what purpose does it serve? as we don't fall under any tax bracket in terms of the Labour Law Act.
In terms of the company’s payroll system it requires each employee to have an income tax number, this is in line with SARS regulations
SARS Laws dictate that each and all employees must have a tax number regardless if they pay tax or not.
Instructors to be paid for classes they do at different Slater gyms. If an instructor from Sebokeng Slater goes to do a class at Vereeniging Slater, he/she should be compensated for that class.
This needs clarification as when and if any Instructor gives class at any other Slater Gym they do get paid.
We need a female fitness instructor inoder to avoid these cases of sexual harrasment
The hiring of a female Fitness Instructor and cases of Sexual Harassment, are separate issues. The company has no problem with hiring a Female Floor Instructor, if of course a position becomes available, and if she is willing and able to perform all functions and tasks, required of all other Fitness Instructors.
The company has a comprehensive Sexual Harassment Policy, and requires that all instances of sexual harassment must be reported in accordance with the Sexual Harassment Procedures as laid out in the Sexual Harassment Policy.
Unfair discrimination A white Sales Manager at Slater Vereeniging is doing the same job as a black Sale Manager at Sebokeng Slater but their working conditions are not the same. And she is controlling XXXXXXXXXX at her territory and she told them that she was send by XXXXXXX to spy on her and consultants were by the issue was discussed before that she need more consultants to work with as she is expected to get clients to join with an amount of R100.00 whilst Ms. XXXXX is requested to get clients to join with R50.00. (What differentiates these two Sale managers? Is it the colour of their skin?).
Manager A working environment, compared to Manager B are considerably different, as Manager A and her team work strictly as a mobile Outdoor Sales Team, and are thus not attached to any Club. However Clubs such as Sebokeng and Welkom, which are situated in Malls, are attached to operating Clubs, and because of this they have different working hours Manager B, however has the same working hours, as the Sales Manager in our Welkom Club, as they are similar, in that they both work for Clubs attached to Malls..
Manager A is Manager B’s senior, with over 13 years’ sales experience, and was sent to Sebokeng to help Manager B identify problems which were effecting daily sales targets.
All Slater Gyms charge the same joining fee, and all Sales people are paid on the same incentive structure that is associated with each Joining Fee Option. The company however, does have the right to ask different joining fees at different clubs if the need arises such as special marketing promotions.
A staff member should have no claim over another regarding any ‘territory’, and it remains at the company’s discretion to decide who, where and how many teams it deploys in any area in order to market sell memberships.
Five instructors were to be dismissed for raising their opinions with regards to new schedule that was implemented. This list was compiled by a Manager, the very same vereeniging sales manager who was sent to slater sebokeng Gym to spy on her colleagues. This has negatively affected the stuff moral.
Apart from being an Outdoor Sales Manager, the above mentioned Manager is also tasked as the Groups Aerobics Co-ordinator. As such it is her job to report on any issues effecting the Aerobics Department. The company is well within it’s labour rights, as it is recommended, that senior staff members, into any of our clubs, to evaluate, report and perform normally accepted management duties. This is a normal and accepted practice in ensuring a healthy labour environment, and in running a stable business operation
Sales consultants at Sebokeng Slater get 50% commission on a sale, whilst other consultants who perform the same job at other Slater gyms get 100% for their sales. (This issue has been put before the management on numerous occasions. but nothing has been done)
All Clubs, including Sebokeng, are on the same sales salary structure. And all Sebokeng Sales Consultants and Sales Manager have signed and agreed to this.
Unfair Labour practice
An employee was double charged for late coming (Money was deducted for the hours she did not work, and she was further issued with a written warning). This is not in line with the La bour Relations Acts.
If an employee reports late for work and does not fulfill his or her contractual obligations, employees are remunerated for the hours an employee works, this is in terms of the contract of employment. If an employee does not provide his services then it would be unfair for the employer to have to pay something which is his contractual right to receive, it will be equally unfair for the employee to benefit by being paid for something he/she did not do in terms of the Employment Contract.
The company has a disciplinary code which makes provisions for progressive discipline in terms of rules which might be transgressed. Being late for work or being absent from work without an acceptable reason is a rule which if broken then the employer has the right to take disciplinary action, it is expected to do so in terms of Schedule 8 of the Labour Relations Act the Code of Good Practice. Employee names regarding the above need to be provided to the company, so that it can be investigated, and rectified if there was a mistake. However, if an employee does come late, they will receive a written warning as per labor law and money will be deducted for time not worked.
Instructors were issued with written warnings. without any verbal reprimands. (A formal code of conduct to be implemented).
Labour relations requires that any reprimand or corrective action (counseling) has to be reduced in writing and be kept on an employee’s record. The company has a formal disciplinary code in place. Counseling is normally used as a verbal reprimand but should be recorded as such for any future reverence.
There's no bereavement policy. One of our colleagues died whilst on her way to work (spinning class at Sebokeng Slater). Management did not offer any kind/form of offering to her family. None of them honoured her funeral.
This staff members passing was a very shocking and sad event. The Company did host an Aerobics Marathon Fundraiser in the club did contribute in the form of a cash contribution to this fundraising event on behalf of the emploees family. The company also authorized time off, for any and all, staff who wished to attend the funeral, and we believe it was extremly well supported by the Members, Slater staff and Managers of the Sebokeng Club.
Skills Development - Since our employment in 2017. refresher training/courses haven't been provided. (We need training from accredited service providers).
Skills development is a priority, which management wants to implement, our intern program is one of such interventions, other considerations are being considered and the company will be looking at a skill audit within each of its gyms
Management is dismissing old permanent employees and replacing them with interns. They then give these interns three months contracts and then after three months they don't employ them permanently. When Slater opened in 2017. one of the things they promised was job creation. but now. how are they creating jobs whereas they're dismissing permanent staff. and hiring interns and dismiss them again in three months.
The fact in terms of this accusation is false, the company has implemented an intern programs to give individuals a chance to learn the trade and obtain skills in an active gym environment, such individuals have no previous experience, and they could elect on their own to cancel this intern. If individual however shows potential the employer will never hesitate to employ an individual in a permanent position provided there is an existing vacancy available. In terms of the dismissal of employees that is done in line with the company’s disciplinary procedure and dismissed employees are advised in terms of the Labour relations act to refer a dispute of unfair dismissal to the CCMA if they choose to do so.
Managers (Ms. XXXXXXX and Mr.XXXXX with his two operational managers: XXXX and XXX) have since been on probation. which was supposed to last for three months, three months has passed. They are heading to six months now and these employees have not yet signed their contracts as permanent employees at their probational positions.
Ms. XXXXXXX and Mr.XXXXX are managers at the moment. In accordance with the Labour Relations Act, if a trial manager contract lapse, they automatically become managers, unless communicated to them otherwise.
Employees are not registered with UIF, COIDA and pension fund.
All employees are covered by the compensation fund in terms of any injury which might occur during service. Commission earners do not fall under the Unemployment insurance fund, employees that earn a basic income are registered. The company is however, in the process of restructuring Sales Peoples salaries to make provision for basic salaries.
Permanent employees are working under unfair and stressful conditions due to managements' decisions of dictatorship. A new working schedule has been done and the hours are not in line with the Basic Conditions of Employment Act. as they exceed 45 hours in a week, without overtime pay. (This was quickly amended/fixed by management after our first letter of request for a meeting on the 12 March 2019).
The company wasn’t aware that the manager was working a few hours more than was expected, and as soon as we were made away of this it immediately rectified.
New rules for Aerobics and schedule that were set out by the management are very oppressive towards all instructors, we were not consulted before they were put for our attention. (They need to be withdrawn so that we reach a common agreement on these issues).
All 6 OTHER Slater Gym Employees, agreed with, accepted and signed thees rules, as they are simply in accordance with the basic rules of employment. There is no need for the company to consult regarding basic rules of employment, as these have been laid out by the Labour Relations Act.
Collectively, we don't appreciate the manner in which management addresses and speaks to us. They run this branch through dictatorship, sabotage and threats, which doesn't put its employees at ease. (We've got smses and WhatsApp messages as evidence).
The company will need to be provided with these SMS’s & WhatsApp Messages, as well to whom, and from whom they were sent, in order to establish context and meaning, before a response can be provided.
Unfair working conditions
Aerobics speakers are not of good quality and the management has requested instructors to buy speakers out of their own pockets. (If you compare speakers at Sebokeng Slater with that of Vereeniging/ Vanderbijlpark and Three Rivers) they are not the same.
The Company has at no stage issued any instruction whatsoever, that instructors have to buy speakers out of their own pocket. If there is more to this then the Company will need to be provided with information, regarding who and when this instruction was issued. The Company did provide a new and quality speaker system in November 2018. Since then, we have received no feedback from the Club Manager that they were again out of order, why the system is out of order or when this breakdown occured. There are also a few rules that were incorporated into the Aerobics Rules mentioned earlier, that have been specifically implemented to prevent these kind of issues, relating to equipment damage, occurring in future. It should furthermore be note that if an employee misuses company property and the act is such that it can be proved that negligence accorded such employee could be held liable for the damage to company property, and after proper procedure has been followed could be requested to pay for such damages.
Aerobic radio has been playing with one speaker that is not up to standard, and instructors were told to buy a new speaker from their own pockets. This has negatively affected attendance of members as they find it difficult to enjoy their workout when the music is very soft.
Please see above response as it related to same issue.
The aerobic floor is slippery, we've had members and instructor falling whilst working out. This has negatively affected attendance of members as their avoiding getting themselves injured.
Again this comes down to a lack of Feedback from the Club Manager, as the Company cannot recall any injuries reported regarding members and/or instructors slipping and falling. If, this is the case, then again it is the result of the Club Manager not informing the company, and these allegations will need further investigation.
Air cons were only installed in February 2019, since opening of the gym in April 2017. This has resulted in a few numbers of members fainting at the gym premises.
The Airconditioners did experience a major breakdown. However, all repairs to Aircons have been done and rectified.
Sebokeng Slater has the biggest membership, compared to other Slater groups but to date, the gym has no Sonar, whilst other gyms do have.
As a result of the existing high electricity costs, and the uncertainty of electricity supply, the Company decided that all new Slater Clubs are will be designed without steam rooms or saunas.
All instructors are requested to play music softly (as it is alleged that loud music distracts receptionists) and this has negatively affected the staff morale both in Spinning and Aerobics. We tried to talk to him to cover those studios to avoid that noise, but he is always claiming that the gym plan is an open plan, whereas at the original plan the studio is sound protected.
Instructors are required to play music at an acceptable level, as very high volume levels damage the Sound and Speaker equipment. This an issue responded to in an earlier grienance. Correct, our two newest gyms and all new Clubs in future will be designed with the same Modern open plan layout.
The aerobic area at Sebokeng Slater is an open plan whilst all other Slater gyms have a proper studio which blocks the sound from interrupting other departments at the gym. This has negatively affected attendance of members, as some are not comfortable with the aerobic gym area.
Some of our older clubs where designed in the 70’s & 80’s. That was the old design of our Clubs. The new design is a more Modern open plan design.
Employees are not allowed to leave their children at the child care department.
That is true, not only are our Child Care facilities there for members use only, but we cannot allow staff to bring children to work as it will distract our employees from doing their jobs effectively.
Staff appreciation/Incentives. Instructors don't get Christmas braai / closing parties.
It is at the sole discretion of the Company to decide if a Year End Staff party can be held or not. This is determined on a year by year basis, and is again dependant on, and is influenced by Budgetary and Affordability factors