UNIT 7:STRIKES, LOCKOUTS, PROTEST ACTION AND

PICKETING
• This unit focuses on the legal subject matter pertaining to strikes and
lockouts.
• The scope of knowledge pertaining to the various strikes which
are
recognized by Labour law shall also be expanded on
UNIT 7:STRIKES, LOCKOUTS, PROTEST ACTION AND
PICKETING
1.Distinguish between a strike and lock-outs

2.Discuss the conditions that will qualify a

secondary strike as being a protected strike

3.Explain and understand a protest action

4.Summarise the conditions of protected picket

 STRIKES VS
LOCKOUTS
The Constitution provides for a right to strike to all workers and
the protection of those workers. This right to strike has
been enacted by the LRA to explain the practical implantation
of the right to strike and employer recourse to lockout.
 SECTION 213 (LRA)
STRIKES
Strike: LRA provides a definition of strike in section 213, which states as follows:

‘The partial or completed concerted refusal to work, or the retardation or

obstruction of work, by persons who are or have been employed by the
same employer or by different employers, for the purpose of remedying a
grievance or resolving a dispute in respect of any matter of mutual
interest between employer and employee, and every reference to “work”
in this definition includes overtime work whether it is voluntary or
compulsory.’
 SECTION 213 (LRA) LOCK-
OUTS
Section 213 of the LRA also defines lock-out as:

‘The exclusion by an employer of employees from the employer’s

workplace, for the purpose of compelling the employees to accept a
demand in respect of any matter of mutual interest between employer
and employee, whether or not the employer breaches those employees’
contracts of employment in the course of or for the purpose of that
exclusion.’
 PROHIBITED
STRIKES
 Section 67 of the LRA places an absolute prohibition on strikes and lockouts when

 Persons prohibited by collective agreement that prohibits a strike or lock-out in

respect of the issue in dispute
 A person who is bound by an agreement that requires the issue in dispute to be
referred to arbitration (compulsory arbitration)
 The issue must be referred to arbitration or the Labour Court in terms of the LRA
 A person is engaged in an essential service and cannot strike
 A person is engaged in a maintenance service and cannot strike
 A person is bound by any arbitration award, collective agreement or ministerial
determination that regulates the issue in dispute.
Consequences of protected strikes or
lock- outs
There will be no delictual or
contractual liability and the strike or
lock-out cannot be interdicted
Employers is not obliged to pay
employees
while on strike
An employee taking part in a
protected
strike may not be dismissed
Employees may be dismissed for
misconduct or because of the employer’s
operational requirements
Consequences of unprotected
strikes or lock-outs
The employer may request the Labour
Court
to interdict the strike
The Labour Court may award
just and equitable
compensation for any loss
attributed to the strike
An employee may be dismissed
for taking part in an unprotected or
prohibited strike, provided a fair
procedure is followed
 SECONDARY
STRIKES
 Referred to as sympathy strikes is where employees want to strike in solidarity
with employees working for another employer to strengthen the bargaining
power of the latter group or employees

 Referred to as secondary strikers

 A Secondary strike will only qualify as a protected strike if:

 The primary strike is a protected

 The secondary strikers must give written notice to their own employer at least
7 days prior to commencement of the strike

 The nature and extend of the secondary strike must be reasonable in relation
to the possible direct or indirect effect that the secondary strike will have on
the business of the primary employer.
 PROTEST
ACTION
 The LRA defines protest action as the partial or complete refusal to work, or the
retardation or obstruction of work, for the purpose of promoting or defending the socio-
economic interests of workers, but not for a purpose referred to in the definition of a strike.

 The purpose of a protest action is to promote or defend the socio-economic interests of

workers and not to remedy a grievance or resolve a dispute about a matter of mutual
interest between employer and employee.

 For employees to be protected when participating in a protest action the necessary procedures
are to be met
 PICKETIN
G
In terms of section 69(1) of the LRA, registered trade unions may authorise a picket
by their members for the purpose of peacefully demonstrating support of a
protected strike or in opposition of a lock-out.

A Picket is therefore a way in which employees taking part in a protected strike

can publicly express their grievance with their employer and elicit support from
the public.

A picket will be protected if the following statutory requirements are complied with
 SUMMAR
Y
The labour relations act has
indeed incorporated pertinent
procedure relating strikes,
lockouts
to and picketing.

It is therefore critical that

employees and employers who wish
to engage in the above follow the
correct procedure.
 UNIT8
DISPUTERESOLUTION
 The CCMA plays a fundamental role in resolving labour disputes.
 Labour disputes can be referred to the CCMA for conciliation and arbitration of
certain labour disputes before resorting to the Labour Court
 Conciliation is an important first step in resolving labour disputes by facilitating parties to
the dispute to resolve the dispute themselves
 The con-arb process is designed to prevent employers from not attending a
scheduled conciliation hearing. It also assists in the speedy resolution of disputes
 Enquiry by an arbitrator was previously referred to as a pre-dismissal arbitration and is a
dispute resolution. process that can assist to reduce challenges of the element of
procedural fairness in dismissal disputes
 Bargaining councils and statutory councils do not only have an important role in
collective bargaining, but also fulfil an important function in the resolution of labour
disputes
 The Labour Court has national jurisdiction as a court of first instance and a court of appeal
and review. Its decisions have the same status as those of the High Court and serve as
precedents
 RECAP/REVISE/DISCUSSION
 Who resolves disputes if there is no bargaining council in a particular
industry?
 What are employers rights in terms of their freedom to association?
 What do you understand by a dispute of right and a dispute of interest?
 What are the elements of a strike? Additionally lets discuss the
consequences of a protected strike.
 What are the structures of dispute resolution?
 What is the difference between an essential and maintenance services?
 What act gives effect to the Bill of right?