strikes

Infographic | Unprotected Strikes: Strikes Not in compliance with the LRA

Unprotected strikes occur when employees or unions fail to comply with the requirements set out in the Labour Relations Act (LRA). Unlike protected strikes, these actions expose participants to serious legal and disciplinary consequences. This infographic outlines the structured process employers should follow when dealing with unprotected strikes, from issuing ultimatums to applying for urgent [...]

2025-02-10T17:52:22+02:00February 9th, 2025|Infographics|Comments Off on Infographic | Unprotected Strikes: Strikes Not in compliance with the LRA

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?

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?

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?

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!

The Right to Picket

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 [...]

2019-06-07T11:13:53+02:00June 7th, 2019|General|Comments Off on The Right to Picket

Strikes and Lock-Outs after a Certificate to Strike has been Issued by the CCMA

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 [...]

2017-10-12T15:36:42+02:00March 15th, 2017|General|Comments Off on Strikes and Lock-Outs after a Certificate to Strike has been Issued by the CCMA
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