Protected and Unprotected Strikes

South Africa is no stranger to industrial strike action and has, in the past, seen extremely lengthy strikes such as the 2014 strike where 70 000 AMCU members employed by Lonmin, Impala Platinum and Anglo-American Platinum downed tools for almost five months. Similarly, as a country, we are all too aware of what devastating consequences such [...]

2021-05-10T12:25:04+02:00May 10th, 2021|Strikes|Comments Off on Protected and Unprotected Strikes

It’s time to Strike!

As an employer, the very last words or phrases you want to hear uttered around your business premises are the words strike or go slow. In a country where strikes oft occur for reasons that can vary in nature, many employers are still blissfully unaware of what these words actually entail for the operations of [...]

2021-05-03T10:24:46+02:00May 3rd, 2021|Strikes|Comments Off on It’s time to Strike!

Mutual Interest Disputes: When the Right to Strike is Unprotected

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 [...]

2021-03-18T11:01:43+02:00March 18th, 2021|Strikes|Comments Off on Mutual Interest Disputes: When the Right to Strike is Unprotected

What constitutes a matter of mutual interest with reference to a strike?

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 [...]

2021-03-08T14:01:27+02:00March 8th, 2021|Strikes|Comments Off on What constitutes a matter of mutual interest with reference to a strike?

Betooglinievorming (‘Picketing’)

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 [...]

2021-02-12T12:54:21+02:00February 12th, 2021|Strikes|Comments Off on Betooglinievorming (‘Picketing’)

The establishment and determination of picketing rules in terms of the CCMA processes

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 [...]

2020-12-17T11:13:20+02:00December 17th, 2020|Strikes|Comments Off on The establishment and determination of picketing rules in terms of the CCMA processes

The effect of the transitional provisions related to the secret balloting provision – Section 19 of the Labour Relations Amendment Act

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 [...]

2020-07-15T16:21:23+02:00July 15th, 2020|Strikes|Comments Off on The effect of the transitional provisions related to the secret balloting provision – Section 19 of the Labour Relations Amendment Act

Code of Good Practice on Collective Bargaining, Strike Action and Picketing

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 [...]

2019-02-22T12:09:00+02:00February 22nd, 2019|Strikes|Comments Off on Code of Good Practice on Collective Bargaining, Strike Action and Picketing

Hitting back with the Rule of Law: Trade unions and their members face the music for violent strikes

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 [...]

2018-01-11T13:26:58+02:00January 11th, 2018|General, Strikes|Comments Off on Hitting back with the Rule of Law: Trade unions and their members face the music for violent strikes
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