Introduction: What constitutes the basis of a matter of mutual interest is not defined within the provisions of the Labour Relations Act, but rather subject to interpretation on a case-to-case basis. What constitutes a mutual interest can broadly be understood as any action or conduct which has the propensity to affect the employment relationship between [...]
One of the purposes of the Labour Relations Act ("LRA") is to lay the foundation for orderly collective bargaining between employees and their trade unions and employers and their employers' organisations about wages, terms and conditions of employment and other matters of mutual interest. Orderly collective bargaining, therefore, necessitates the employees' and trade unions' right [...]
Werkgewers moes al dikwels kopkrap oor die rede vir die volgende aanduiding as ‘Primary Issue’ op die kennisgewing van ‘n konsiliasieproses by die KBVA of Bedingingsraad: ‘64(1), 134 – Wages (picketing rules) Artikel 69 van die Wet op Arbeidsverhoudinge is so tyd terug (in 2017) gewysig om betooglinievorming of sommer die algemene verwysing as [...]
Amongst the various CCMA processes, the establishment and determination of picketing rules is an important process that employers often do not know enough about. When the term “picketing” is brought up, it is associated with strikes and lockouts – but what is picketing, and why is it important to regulate with rules? Picketing is [...]
Every worker has the right to strike, in terms of Section 23(2)(c) of the Constitution of the Republic of South Africa, 1996. Although the constitutional right to strike is unrestricted, it must be borne in mind that, like any right set out in the Constitution, it is not an absolute right. Section 36 of the [...]
In terms of Section 64(1) of the Labour Relation Act No. 66 of 1995 “LRA”, every employee has a right to strike, and every employer has a recourse to lockout. The Code of Practice on Collective Bargaining, Industrial Action and Picketing was created to provide practical guidance on collective bargaining, the resolution of disputes of mutual interest [...]
Violence during industrial action is a scourge that has blemished industrial relations in South Africa. The Constitution of South Africa and the Labour Relations Act are premised on the principle of peaceful demonstration where workers communicate their grievances to the employer through nonviolent means. Violence during strikes have reached endemic proportions. Violence during strikes are [...]
A lockout can be seen as an employer’s leverage during a strike. […]
1) THE RIGHT TO STRIKE IS EMBEDDED INTO OUR CONSTITUTION The right to strike in South Africa is clearly indicated and stipulated in Section 23 of the Constitution. This section gives effect in the form of an entire section named “Labour Relations”. Neither The Constitution nor the Labour Relations Act make any reference as to [...]
Strike: A strike is defined in section 213 of the LRA as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in [...]