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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
In the past, once parties reached a deadlock at the CCMA in terms of a section 64 dispute, a certificate to go on strike was issued. Either party to the dispute would have to refer a further dispute to the CCMA for assistance in establishing picketing rules. This has now changed with the new amendments [...]
In the event where Employees or a registered Trade Union referred a matter of mutual interest to the CCMA, a conciliation will take place in order to try and resolve the matter. Should the matter remain unresolved at conciliation or after 30 days have passed since the date of the referral, whichever occurs first, the [...]
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 [...]