Here’s why… You are looking for a mechanical workshop, motor body repairer, or even to buy a new car and you don’t know where to start. Well, accreditation is a good place to start, says Jakkie Olivier, CEO of the Retail Motor Industry Organisation (RMI). “By using a business accredited by a reputable association such as the RMI, you can be assured of good workmanship and recourse in the unlikely event that the job is not completed to acceptable standards,” he says. “Accredited businesses will be run by highly-skilled professionals, with excellent service-levels, administrative support and quality parts and repair equipment.” He explains that during the accreditation process a business undergoes a thorough assessment. Aspects including the health and safety operating procedures are scrutinised, as are the premises, tools and equipment, administration, waste removal, staffing and so on. Even aspects of the business such as insurance of the client’s vehicle whilst on the property of the repairer, parking facilities, lighting, ventilation and uniforms are inspected. “It is a rigorous process that we believe is essential to ensure customers know they are dealing with professionals and feel protected,” he says. The level of staff training is also an important aspect of the accreditation process. “Unfortunately, skills shortages are a reality. To achieve accreditation, businesses have to prove their staff have sufficient training and on-the-job experience as well as specific qualifications to meet the needs of their customers,” says Olivier. Possibly the most important benefit of using an accredited business is the knowledge that there is an association you can deal with in the event of a bad service or poor workmanship experience. “Owning a motor vehicle or a fleet is a big investment. The purchase price alone is a major financial commitment and repairs don’t come cheap,” says Olivier. “It is therefore very important that you can trust the repairer to do the best job at the most affordable price. If this is not your experience then you need to approach the accrediting association, such as the RMI, to assist in a dispute resolution process. The same applies when buying a car. If you are not happy with the product or promises have not been met by the selling agent then there is a body to hear your side of the story. “Don’t be afraid to ask for proof of accreditation when considering a business. Alternatively contact the accrediting body and ask for a referral in your area. It is worth the extra admin to ensure you receive the service you deserve,” he concludes.
That wonderful time of year has arrived. RMI are about to transport you into the future. Don’t miss this most exciting annual golf event where the ‘who’s who’ and ‘who knows what’ in the Retail Motor Industry will be doing what they do best, bringing you the latest news and views of everything that there is to know of the industry, while meeting members on the golf course. We look forward to an exhilarating event with a full fleet of 144 golfers fused with company directors, dealer principals, managers, suppliers, contractors, manufacturers and wholesalers all creatively ignited with all in the Retail Motor Industry. The day’s agenda will include a round of golf, with lots of driving on the course, including halfway-mark and drinking holes, followed by dinner to fuel you up, sparkling prizes and entertainment from 18h00. Owing to the fact that this will be a prestigious and exclusive event, we strongly feel that you will benefit from the enormous exposure. To register, click the button below. When: Wednesday 15 May Where: our exclusive Kyalami Country Club Cost: Sponsoring a hole: R4,000; entering a 4-ball: R4,000 Please don’t hesitate to contact Jackie for further information and to book your 4-ball. Tel: (011) 453 9088 Fax: 086 606 2840 Cell: 082 784 840 Email: Jackie@thegolf.co.za [vc_btn title=”Download Registration form” color=”blue” link=”url:https%3A%2F%2Fwww.rmi.org.za%2Fwp-content%2Fuploads%2F2019%2F02%2FReg-form-2019-1.pdf|title:The%20form||”]
Load-shedding is affecting the whole of South Africa, and RMI members have been asking for clarification on their duties and responsibilities as employers. To ensure that all of our members know exactly what is required from employers in the industry, please take note of the provisions of Clause 4.6 of Division A of the Consolidated Main Collective Agreement (published in Government Gazette No. 40771 of 07 April 2017), which provides that: “(1) Subject to the provisions of sub-clause (3) of this clause and notwithstanding anything to the contrary in this Agreement, an employer may employ his employees on short-time: Provided that – (a) where such short-time is owing to slackness of trade and/or shortage of materials, if an employee is required not to attend the establishment on a particular day, the employer shall notify him of the fact not later than the day immediately preceding the day on which he is not required to work, and where the employee is expressly required by the employer to report at the establishment on any particular day for the purpose of ascertaining whether work will be available, he shall, if no work or if work of less than four hours’ duration is available, be paid not less than four hours’ in respect of such day; (b) … (2) In the event of short-time being worked an employer shall not be required to pay wages to his employees except for the period actually worked or as otherwise expressly provided for in sub-clause (1) of this clause. (3) …” The first point of clarity pertains to what is intended by the phrase “slackness of trade and/or shortage of materials” in sub-clause 4.6(1)(a). Electricity is, similar to other materials of production, a means to an end within the production / business process and can therefore be considered as “material” similar to petroleum product, fast moving consumer goods and stationary. Load shedding, resulting in a disruption of electricity supply, would therefore result in a shortage of material within the production / business process which implies that a member would be able to invoke the provisions of clause 4.6 cited above. The practical implication of this advent predicates the implementation of a “procedure” in terms of which short-time is implemented, which relates to the second point of clarity. Members are required, in terms of sub-clause 4.6(1)(a), to “notify him [The employee(s)] of the fact not later than the day immediately preceding the day on which he is not required to work”. This provision enunciates the requirement for a “short-time notice”, which should ideally be in written form by way of a staff notice, memorandum or circular served on each of the affected employees. Short-time, however is not restricted in application to one-day-at-a-time only and may extend over a protracted period, necessitating the need for a short-time notice indicating this fact. An example of such a short-time notice is attached hereto for ease of reference. Upon service of said short-time notice on the affected employees, normal business operations may continue until such time as an electricity supply disruption occurs in which case short-time is immediately invoked until such time as supply us normalised. Needless to say, the affected employees will not be paid for this period of short-time, resulting in part in a saving of operational costs to the member. Whilst it is appreciated that short-time will have a negative impact on staff morale, it remains but an option, and not compulsion, open to members during periods of protracted power supply interruptions.
The RMI and its constituent associations are focused on delivering products and services of ever-improving quality, to its members. These products and services vary from trade-related to labour-related services, commercial products such as short-terms insurance cover, and importantly, representation of the various sectors of the Industry at various government and regulatory levels. In recognition of the quality of these products and services, the FH Maritz Investment Group of companies, which includes inter alia a number of fuel, convenience and tyre retail establishments, acknowledged the RMI with the award for Best Service Supplier of the Year at its annual awards evening, held on the 20th of October 2018 in Riebeeck Wes. The RMI shares this award with ABSA bank, and the award was presented to the CEO of the RMI, Mr Jakkie Olivier by the Chairman of the Group, Mr Frans Maritz, who also serves as member of the RMI Board of Directors. The RMI Board and management is appreciative of the recognition it receives from members for excellence in service delivery.
Frequently asked questions and answers As a value-added service to our clients, we are including you in our FAQ’s on employment law and workplace relations matters.
X was requested by her employer, Down Town (Pty) Ltd, to participate in monthly stock taking exercises that took place on Saturdays. X refused to participate. Her reason for doing so was that she was a Seventh Day Adventist (Adventist), a religion in which Saturday is regarded as Sabbath. As a result of this, X was dismissed. Was X’s dismissal fair?
This matter was dealt with in TFD Network Africa (Pty) Ltd v Faris (Unreported CA 4/17 5/11/2018). What was common cause was that TFD, a logistic company whose warehouse carried significant quantities of its customers’ stock, found it obligatory to conduct monthly stock taking on a Saturday. In fact, this was considered as a business requirement and was undertaken by managers of TFD. Managers were rostered for this duty. Nonetheless, Faris, who was also a manager, declined to perform these activities as she was not prepared to compromise her religious belief. Subsequently, Faris was dismissed for her refusal to work on Saturdays. Her dismissal was characterised as incapacity. The Labour Court found that the dismissal had been automatically unfair as well as substantively and procedurally unfair. TFD was granted leave to appeal. The LAC found that the dismissal would not have occurred if Faris had not been an Adventist. Had she not been an Adventist she would have willingly worked on a Saturday. The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. Therefore, it follows that X’s dismissal was automatically unfair. Content supplied by Ali Ncume (LLB LLM CERT.LABOUR LAW PRACTICE) a Director AT Mason Consulting.
The RMI offices in Western Cape hosted yet another successful First Aid Course on 6 and 7 June 2018. The course was conducted by the Medical Education Centre on the RMI’s premises.
The RMI in the Western Cape also hosted a very successful and action-packed fire fighting course on 20 June 2018. Legislation states that each Employer is obliged and responsible for the training of dedicated employees in Level I First Aid, Basic Fire Fighting and Evacuation Techniques as well as in Health & Safety Representation. The fire fighting course was hosted by the Medical Education Centre and since its opening in 1995, they have trained and certified close to 250 000 delegates in these compulsory fields of expertise. General Course Information : Hazards, Fire Behaviour & Classes of Fire Portable Extinguishers (Practical) Extinguisher Markings Fire Streams & Fire Control Fire Fighter Safety & Safety Checks Working in Teams Water Supply, Hydrant Markings & Hose laying (Practical) Evacuation/Moving through Smoke (Practical) Benefits: The Learner will achieve lifesaving skills that will allow him/her to: prevent Fires by recognising various hazards minimise the extent of fires and resulting injuries help with the creation of a safe and healthy working environment. receive encouraging and motivating respect and appreciation from colleagues & management The following delegates attended the course and they were very proud of their new certificates! Caltex Pniel Jadika Joro Kaloni Caltex Pniel Gabriel Dhaura Viking Service Station Magcinandile Mzondi Viking Service Station Maxwell Mbane Nortons Auto Services Ansel Sebonke Auto Detail Centre Jacques Marius Kapiera Motorport Bayside Wendy Ann Whitcher Powerflow Exhausts Salt River John Norman Ross Powerflow Exchausts Salt River Dayne Edward Cooper Garage 808 Colin Eric Coetzee Caltex Pniel Fatai Olanrewaju Owoade Mike Evans Auto Body Repairers Sean Edwards Mike Evans Auto Body Repairers Michel John Evans Spraycraft Pieter Venter German Autoworks Tommy de Beer Viking Service Station Tafadzwe Damba Kemp Bros Malcolm Schenk The next course will be in October 2018. Invitations will be sent out once a date has been set.
The training fulfils the requirements for all the Associations within the RMI. John Hempel from RMI4OHS will be conducting training in Johannesburg on 04 July 2018 Booking closes on 27 June 2018. For more information or to complete the registration form please click below [ddownload id=”36350″ text=”RMI4OHS JHB”]
The RMI and DTI will be conducting national road shows. The purpose of the meeting is to meet and assist the Small Businesses that are not RMI members. We will discuss:
FREE RMI MEMBERSHIP (to qualifying businesses)
How to apply for Government Work
How to register on the Central Supplier Database
Other legislative changes affecting businesses in the Motor Industry.
SMME’s who are non-members are encouraged to make every effort to attend this session as it is critically important information will be relayed, without which your business may very well be prejudiced! Tea / Coffee and a finger lunch will be served Please view the road show venues, dates and times below. RSVP as per the attached reply slip [ddownload id=”36264″ text=”Bloemfontein”] [ddownload id=”36265″ text=”Cape Town”] [ddownload id=”36266″ text=”Kwa-Zulu Natal”] [ddownload id=”36267″ text=”Port Elizabeth”] [ddownload id=”36268″ text=”Pretoria”] [ddownload id=”36269″ text=”Randburg”]
The RMI has received numerous queries in relation to the proposed protest action by SAFTU affiliates (ICTU, NUPSAW & SALIPSWU) for 25 April 2018. Please note the following questions and answers in this subject regard. This is not intended to replace legal advice and internal policies that apply, but rather to provide information to members. Is the Protest Action lawful ? Yes. Three unions, the Information Communication Technology Union (ICTU), the National Union of Public Service and Allied Workers (NUPSAW) and the South African Liberated Public Service Workers Union (SALIPSWU), referred a s77(1)(b) of the Labour Relations Act (LRA) application to Nedlac. The matter was considered at a number of meetings throughout 2017 and a plenary session was held on 29 September 2017 with some of the issues raised by the applicants remaining unresolved. Following this, the Standing Committee granted the three applicants a Section 77 Certificate to embark on a protest action after having given the required notice. The three applicants duly gave notice of intention to proceed with the protest action on 25 April 2018 in terms of s 77(1)(d). The protest action is therefore authorised in terms of the Labour Relations Act (LRA). What is the reason for the Protest Action ? ICTU, NUPSAW and SALIPSWU have launched the action against the proposed National Minimum Wage, Economic Policy and the inability of Government to provide free, effective and appropriate education at all levels. What form is the Protest Action likely to take ? The South African Federation of Trade Unions (SAFTU), to whom the three applicants are affiliated to, has made a call for a national shutdown of the economy on 25 April 2018. This will most likely be accompanied by rallies, marches, demonstrations, pickets. Nedlac has raised the issue that it is SAFTU and not the three applicants, that issued the call and has asked for comments from the Standing Committee regarding this matter. Any other Protest Action ? A section 77 application was lodged by the National Union of Metalworkers of South Africa (NUMSA) regarding ‘Strike Provisions’. The NUMSA notice was deemed by the Nedlac Standing Committee as not having been considered, with the consequence that any pursuant protest action by NUMSA would not be protected under the LRA. Should businesses allow employee’s time off to participate in the Protest Action ? The protest action is legally protected, which means that employees (unless they are employed in an essential service or a maintenance service) may not be dismissed or disciplined for participating in the protest action. Any employee, regardless of trade union affiliation has the freedom to participate in lawful protest action. The “no-work-no-pay-no-disciplinary action”principle should apply. This means that if employees take time to participate in the protest action:
Employees must work in the time, or
Should not be paid for the time.
As always, businesses are advised to take the necessary precautionary measures to protect people and property in close proximity to such action. If you have any queries, kindly contact any one of the RMI’s regional offices and consult an Industrial Relations Specialist. Best regards, For and on behalf of the RETAIL MOTOR INDUSTRY ORGANISATION
We are pleased to advise that the Minister of Labour has published the new Main Agreement, incorporating the wage agreement concluded later in 2016 for the period ending 31 August 2019. These notices include; The renewal of period of operation of the main agreement which will be implemented on the date of publication which is 07 April 2017 and the amending agreement dealing with the new wage dispensation flowing from the 2016 Wage Negotiations which will be implemented on Monday 17 April 2017. The new prescribed minimum wage rates and guaranteed wage increases for the period ending 31 August 2017, based on the Main Collective Agreement for the Motor Industry will start on Monday 17 April 2017 and shall remain in place for the period ending 31 August 2017. Individual employers wishing to apply for an exemption to pay a lesser actual wage increase and / or a guaranteed increase or to be exempted from paying such, must do so by completing a Wage Exemption Application form which is obtainable from their local MIBCO Regional Office or on the MIBCO website; www.mibco.org.za . Such application must be submitted by no later than 21 days from 17 April 2017 at the local MIBCO Regional Office either by hand delivery, registered mail, facsimile or E-mail in the prescribed format with the following supportive documentation attached:
Formal financial information;
Written motivation; and
Detail and proof of the consultative process between the employer, employee and relevant MIBCO Trade Unions.
For further assistance please contact your local MIBCO Regional Office as per the contact detail on the MIBCO website www.mibco.org.za Please note that the wage increased for sector 5 already came into operation on 7 December 2016. Members are referred to the wage booklet, containing all the new wage rates together with explanations as to sectors and non-wage related payment, that was circulated in the February edition of the Automobil. View the complete agreement below [ddownload id=”30721″ text=”Publication of the Agreement 20170407″]