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Legislation affecting human resource development
The Public Service Act, 1994 regulates all aspects relating to employee appointment, promotion and transfer as well as termination of services.
According to Section 41 of the Public Service Act, 1994 the Minister (in this case, the Minister of Public Service and Administration) shall make regulations regarding the functions of the Department, establishment of subdepartments, control, organisation and restructuring of a department. The Minister shall also be responsible for establishing regulations regarding the creation, grading, number, designation, conversion or abolition of posts, employment, transfer, promotion and continued employment of employees and specifically for the purpose of this thesis, training of employees.
Section 18 of the Constitution, 1996 states that every person shall have freedom of association. With regard to labour relations, Section 23 of the Constitution, 1996 makes provision for fair labour practices. Every worker shall have the right to strike, participate in, join or form a labour union and every labour union or employers’ organisation shall determine its own organisation, programmes and activities. Employers will thus also have the right to join, form and participate in any employers’ organisation.
The Labour Relations Act, 1995 deals mainly with the collective bargaining rights of employees and employers, the right to strike and to lock out, the creation of workplace forums, registration and regulation of both labour unions and employers’ organisations, dispute resolution and unfair dismissals. As such the Labour Relations Act, 1995 does not have a high impact on training in the Public Service but makes provision for employees to participate in public decisionmaking.
When an employee negotiates with his or her supervisor regarding training opportunities, the principles of collective decision-making becomes very important.
In the preamble of the Employment Equity Act, 1998, (Act 55 of 1998), provision is made for promoting the constitutional right of equality and the exercise of democracy. The Employment Equity Act, 1998 (Act 55 of 1998) disseminates information concerning the prohibition of unfair discrimination, affirmative action, monitoring, enforcement and legal proceedings and general provisions such as regulations, breach of confidentiality, liability of employers and fraud. Training and development are not issues directly addressed in the Employment Equity Act, 1998 (Act 55 of 1998) but, the principle that all employees should have equal and fair access and opportunity for training and development could be attributed to the provisions stipulated in the Employment Equity Act, 1998 (Act 55 of 1998). The Basic Conditions of Employment Act, 1997 (Act 75 of 1997) makes provision for the regulation of working time, arrangements regarding leave, remuneration and the termination of employment. Training and development are not discussed in the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) but all activities and functions provided by public employees should take place within the guidelines of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997). Respondents were tested on their knowledge and understanding of the acts applicable to human resource development. Table 3.2 is an indication of the outcome of the questions posed to respondents. Once again, the results indicate the level of awareness of employees regarding the specified legislation.
Skills development and human resource development
The White Paper on Human Resource Management in the Public Service, 1997 emphasises that employees are a valuable resource to any department and should be developed to obtain the maximum benefit for both the department and the individual. The White Paper on Human Resource Management in the Public Service, 1997 has a human resource management vision of creating a Public Service that will be competent and well managed, capable of and committed to delivering high quality services to all the citizens of South Africa. A new framework for the human resource management culture together with the practice of the human resource management function (recruitment, placement, promotion, probation, transfers, performance management, managing conduct and grievances) is addressed in the White Paper on Human Resource Management in the Public Service, 1997 As far as training and development are concerned, the White Paper on Human Resource Management in the Public Service, 1997 affirms that performance assessment should facilitate training and development and ensuring that the assessment should indicate employee strengths and weaknesses. Paragraph 5.10 of the White Paper on Human Resource Management in the Public Service, 1997 states that employees who are prepared to devote their careers to the Public Service, should be given every opportunity to develop themselves and broaden their skills to benefit both the individual and the department. Effective career management will enable employees to maximise their career potential by supporting themselves through job opportunities, training and development while also enabling employers to develop their human resource capacity through supporting, as much as possible, the career aspirations of the individual employee (Paragraph 5.10.1 of the White Paper on Human Resource Management in the Public Service, 1997).
The White Paper on Human Resource Management in the Public Service, 1997 makes it clear that the employee will be responsible for his or her own development. They should be able to identify their own training and developmental needs with the knowledge that they will be supported in their training endeavours by their supervisors or managers.
The South African Qualifications Authority Act, 1995 (Act 58 of 1995) (hereinafter referred to as the SAQA Act, 1995) provides for the development and implementation of a National Qualifications Framework as well as the establishment of the South African Qualifications Authority (Section 3 of the SAQA Act, 1995). Section 2 of the SAQA Act, 1995 describes the objectives of the National Qualifications Framework including to:
a) create an integrated national framework for learning achievement;
b) facilitate access to, and mobility and progression within training and career pathing;
c) enhance the quality of training;
d) accelerate the redress of past unfair discriminatory practices in training and employment; and
e) contribute to the full personal development of each learner and the social and economic development of South Africans.
Therefore, it is obvious that the framework for lifelong learning and the establishment of a learning organisation is promoted through the SAQA Act, 1995. The DPSA, in its adherence to the SAQA Act, 1995, is responsible for transforming itself into a learning organisation that would facilitate the training and development of all employees.
Chapter 1: Outline, need and purpose of human resource development in the Department of Public Service and Administration
1.1 Introduction
1.2 Nature of the study
1.3 Need for the study
1.4 Purpose of the study
1.5 Problem statement
1.6 Methodology
1.7 Limitations to the scope of the study
1.8 Public Service phenomena relating to human resource development and training
1.9 Framework
1.10 Conclusion
Chapter 2: Theoretical constructs in public administration
2.1 Introduction
2.2 Historical perspectives on the development of Public Administration
2.3 Defining public administration
2.4 Schools of administrative theories
2.5 The functions of public administration
2.6 An integrated approach to human resource management
2.7 Conclusion
Chapter 3: Historical perspective of the development of the Department of Public Service and Administration (DPSA): 1995-2001
3.1 Introduction
3.2 Establishing a new Department of Public Service and Administration
3.3 Increased need for human resource development
3.4 Tswelopele – we serve the people who serve the people
3.5 Human resource development outcomes and implications
3.6 Investment in people
3.7 Training and development framework
3.8 Conclusion
Chapter 4: The environmental framework for human resource development
4.1 Introduction
4.2 The external environment
4.3 The internal environment
4.4 Conclusion
Chapter 5: A human resource training and development profile of the Department of Public Service and Administration
5.1 Introduction
5.2 Adult learning and education
5.3 Approaches to and types of training
5.4 The training and development profile of the Department of Public Service and Administration
5.5 Conclusion
Chapter 6: Evaluating training and development through the implementation of performance management in the Department of Public Service and Administration
6.1 Introduction
6.2 Fundamentals of evaluation
6.3 Implementing performance management to enhance evaluation
6.4 Models for evaluation
6.5 Weaknesses and strengths of the training system
6.6 Conclusion
Chapter 7: The implementation and management of a learning organisation
7.1 Introduction
7.2 The building blocks of a learning organisation
7.3 Challenges facing the creation of a learning organisation
7.4 Steps to a learning organisation
7.5 Key management functions in a learning organisation
7.6 Tools and techniques to enhance the learning organisation
7.7 The knowledge intensive organisation: A new challenge
7.8 Conclusion
Chapter 8: Recommendations and conclusion
8.1 Outline, need and purpose of human resource development in the Department of Public Service and Administration
8.2 Theoretical constructs in public administration
8.3 Historical perspective of the development of the Department of Public Service and Administration: 1995-2001
8.4 Environmental framework for human resource development
8.5 A human resource training and development profile of the Department of Public Service and Administration
8.6 Evaluating training and development through the implementation of performance management in the Department of Public Service and Administration
8.7 The implementation and management of a learning organisation
Bibliography
Annexure A
