Strikes

To Ballot or not to Ballot – That is the Question

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 [...]

2022-10-20T11:02:37+02:00October 20th, 2022|Strikes|Comments Off on To Ballot or not to Ballot – That is the Question

Can Employees Strike Over Unpaid Meal Intervals?

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 [...]

2022-09-29T15:06:57+02:00September 29th, 2022|Strikes|Comments Off on Can Employees Strike Over Unpaid Meal Intervals?

Meet our Demands, or we Strike – P.S Trade Unions

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 [...]

2022-07-18T12:25:17+02:00July 18th, 2022|Strikes|Comments Off on Meet our Demands, or we Strike – P.S Trade Unions

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
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