What is it? A picket is a demonstration designed to pressure an employer by encouraging the general public to the reason for the strike and to mobilise support for the strikers' cause. Where does the right come from? The right to picket derives from Section 17 of the Constitution. This constitutional right can only [...]
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 [...]
According to the South African Constitution, every employee has the right to join a trade union. Freedom of association is a Constitutional right, as well as a basic labour right, of every employee, and Section 4 of the Labour Relations Act (LRA) determines that every employee has the right to join a trade union. However, this [...]
The collective bargaining process requires time, effort and money from unions – in the form of subscriptions, in order to effectively engage and bargain with employers. The employer's contribution towards the collective bargaining process is to facilitate and manage the collection and payments of trade union fees, thus financially affording the union the funds they [...]
The South African Constitution protects the rights of every citizen in terms of section 18, which states that everyone has the right to freedom of association. In terms of section 23 of the Constitution, everyone has the right to fair labour practices; and every worker has the right to form and join a trade union. However, before a trade union may be recognised in a workplace, [...]
Prior to the amendment of Section 69 of the Labour Relations Act, the CCMA had the power to issue a strike certificate, effectively authorising a protected strike, without the establishment of Picketing Rules. This caused uncertainty on the part of the employer, and the amendments seek to ensure that defined parameters are established within [...]
In order for a union to be granted organisational rights, it needs the prescribed percentage membership in the workplace as set out by the Labour Relations Act 66 of 1995. The Labour Relations Act defines the workplace as “the place or places where the employees of an employer work. If an employer carries on [...]
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 [...]
The Labour Relations Act provides that any union who may prove sufficient or majority representation within a workplace is entitled to the rights as set out in section 12 to 16 of the Act. Many employers have been approached by trade unions seeking organisational rights, who are not unions normally associated with the industries within [...]