Dismissals for participation in an unprotected strike – Does the CCMA have the necessary jurisdiction?

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 [...]

2022-04-06T11:46:32+02:00April 6th, 2022|Strikes|Comments Off on Dismissals for participation in an unprotected strike – Does the CCMA have the necessary jurisdiction?

Legislative protection of the right to Strike and Lockout 

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 [...]

2022-03-09T13:41:39+02:00March 9th, 2022|Strikes|Comments Off on Legislative protection of the right to Strike and Lockout 

The Lifespan of a Strike certificate

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 [...]

2022-01-14T10:22:25+02:00January 14th, 2022|Strikes|Comments Off on The Lifespan of a Strike certificate

Collective Bargaining – The Art of Negotiation

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 [...]

2021-07-26T09:49:39+02:00July 26th, 2021|Strikes|Comments Off on Collective Bargaining – The Art of Negotiation

Is a striking employee entitled to retrospective reinstatement with backpay?

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 [...]

2021-07-22T12:39:42+02:00July 22nd, 2021|Strikes|Comments Off on Is a striking employee entitled to retrospective reinstatement with backpay?

Avoiding a strike scenario by concluding a collective agreement

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 [...]

2021-07-19T09:50:35+02:00July 19th, 2021|General, Strikes|Comments Off on Avoiding a strike scenario by concluding a collective agreement

Misconduct During Strike Action

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 [...]

2021-06-23T14:47:53+02:00June 23rd, 2021|Strikes|Comments Off on Misconduct During Strike Action

When can an employer make use of replacement labour?

Section 76(1)(b) of the Labour Relations Act 66 of 1995, as amended (“LRA”), provides: “An employer may not take into employment any person – b. for the purpose of performing the work of any employee who is locked out, unless the lockout is in response to a strike.” Considering the above section, it is important [...]

2021-06-21T11:18:47+02:00June 21st, 2021|Strikes|Comments Off on When can an employer make use of replacement labour?

Withholding Pay in Times of Industrial Action

There are a number of options that are available to employers during industrial action, one such option being the employer's right to withhold salaries and wages of those employees who are participating in a strike. Withholding pay, naturally, is the most effective method to dissuade employees from embarking on a strike, after dismissal, of course, [...]

2021-06-14T13:09:06+02:00June 14th, 2021|Strikes|Comments Off on Withholding Pay in Times of Industrial Action

Protest Action in South Africa

The website Wikipedia, when searching the phrase Protest Action in South Africa, starts their synopsis with the following statement: South Africa has been dubbed "the protest capital of the world", with one of the highest rates of public protests in the world. This label is largely attributed to, firstly, widespread service delivery protests and urban land [...]

2021-06-07T13:27:06+02:00June 7th, 2021|Strikes|Comments Off on Protest Action in South Africa
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