Learning unit 18: Strikes and Lockouts

Question 1

Are strikes a protected right?

Answer 1

Yes.

Section 23(2)(c) of the Constitution and section 64 of the LRA.

Question 2

Is there a right to lock-out?

Answer 2

No but the LRA does give provision to.

Question 3

Can an employer claim damages from a protest against employee/s?

Answer 3

Yes, if the strike is unprotected. No, if the strike is protected.

Question 4

When will a strike or lock out be protected?

Answer 4

When the specified procedures in** s64 **of LRA have been met and it is not listed in s65 of the LRA.

Question 5

Are certain people/sitautions prohibited from strikes and lock-outs?

Answer 5

Yes, it is set out in s65 of the LRA.

Ex: employers/employees involved in essential services may not participate

Question 6

Are parties who partake in strikes/lock-outs protected legally?

Answer 6

Yes, they are also protected against certain legal consequences which could normally result from such an action.

Question 7

Can an interdict be brought against a strike?

Answer 7

Only if it is unprotected.

Question 8

What is a strike?

Answer 8

‘The partial or complete 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 of the LRA

Question 9

What is a lock-out?

Answer 9

‘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.’

LRA

Question 10

What are examples of industrial action?

Answer 10

Strikes, lock-outs, protests and pickets.

Question 11

Can a strike be committed by one person/employee?

Answer 11

No.

Question 12

What are the procedural requirements for a strike/lock-out?

Answer 12

1. Dispute must be referred to concialiation
2. Required notice of intended action must be given

Question 13

Before a strike/lock-out occurs, who oversees the conciliation?

Answer 13

• Either bargaining/statutory council with jurisdiction over sector/area, or
• CCMA

Question 14

When must conciliation take place?

Answer 14

Within 30 days of referral of dispute to council/CCMA.

Question 15

Who has jurisdiction to grant interdicts in unprotected strikes?

Answer 15

Only the Labour Court.