It is settled law that a union can call a strike or embark on industrial action if there is a dispute regarding matters of mutual interest. Many employers, however, raise the question of whether their employees desire to embark on industrial action at the expense of losing their wages. As much as this is a [...]
Section 14 of the BCEA (Basic Conditions of Employment Act) stipulates as follows: An Employer must give an Employee who works continuously for more than five (5) hours a meal interval of at least one (1) continuous hour. During a meal interval, an Employee may be required or permitted to perform only duties that cannot [...]
Section 64 of the Labour Relations Act (the “LRA”) regulates the right to strike and recourse to lock-out. In terms of Section 64(1), every employee has the right to strike, and every employer has recourse to lock-out if the issue in dispute has been referred to a council or the Commission as required by the [...]
The jurisdiction to arbitrate disputes concerning unfair dismissals is conferred on the CCMA under Section 191 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA). Section 191(5)(b) further contains the respective instances where a dismissal dispute may be referred to the Labour Court for adjudication. This article will specifically deal [...]
Both strikes and lockouts are essential elements of collective bargaining. However, such actions should be used as a last resort. Strikes are used by employees to back up their demands in promoting and defending their employment-related interests, and employers use lockouts to back up their employment-related demands. In the past few years, South Africa has [...]
Does a certificate to strike issued by the CCMA have an indefinite lifespan? This is often the question our members ask, who are constantly reminded by union representatives that they hold a strike certificate and can use it at will. This article aims to address this question and provide clarity on the matter. When a [...]
Once an employer receives the letter demanding higher wages, an increase in pension fund contributions and an endless number of benefits, the inevitable threat of a strike is looming. The collective bargaining process ensues from here. The trade union and the employer try to negotiate at a plant level to reach an agreement. When the [...]
Where an employee is found to be unfairly dismissed, the court or an arbitrator may order that the employer reinstate, re-employ or order that the employer pay compensation to the employee. This article seeks to address the difference between an order to reinstate with backpay and to pay compensation to the employee. Even though the [...]
Collective bargaining is the process of negotiations through which a trade union tries to get an employer to formally agree and accept the workplace demands that workers put forward. Workplace demands can include wages, working conditions, union rights, etc. The aim of collective bargaining is to reach an amicable agreement on the workplace demands and [...]
Violent and lengthy strikes have been a feature of South Africa's industrial relations for a while now. There are very few mechanisms in place to curb violent strikes, even though their effects are visible all over the country. Strikes of this nature have devastating effects on the economy and result in injury to members of [...]