Strike action is a powerful tool for employees to negotiate better working conditions, wages, and benefits. However, it's crucial to understand the legal framework surrounding strikes to avoid any adverse consequences. 

In this blog post, we'll provide a comprehensive guide to strike action, outlining your rights and obligations as an employee or employer.

What is Strike Action:

Strike action refers to the temporary withdrawal of labour by employees to pressure their employer to meet their demands. This can include a complete work stoppage or a partial reduction in work activities (slow strike).

There is a distinction between protected strikes, and unprotected strikes. A protected strike is where all of the legal requirements prescribed in terms of the Labour Relations Act, or a Bargaining Council Collective Agreement, have been complied with. In such an instance, the employees undertaking the strike action are protected from being dismissed for striking. In an unprotected strike, employees do not receive such protection and may be dismissed for participating in an unprotected strike. 

Issues for which Employees may Strike:

In order for a strike to be protected, the dispute must pertain to a matter of mutual interest between the employer and the employees. Certain examples of issues which may constitute a dispute of mutual interest are:

Wage increases;

Collective Bargaining;

Demand for organisation rights;

A demand to suspend or negotiate unilateral changes to working conditions. 

Legal Requirements for Strike Action:

The Labour Relations Act sets out certain procedures which must be followed for a strike to be protected:

The issue in dispute is required to be referred in writing to the Commission for Conciliation, Mediation, and Arbitration, or a Bargaining Council, by means of a 7-11 Referral Form, which sets out the nature of the dispute as well as the proposed resolution. 

The dispute will then be referred to conciliation so as to resolve the dispute within 30 (thirty) days. 

In the event that the parties are unable to resolve the dispute through conciliation, the Commission for Conciliation, Mediation, and Arbitration, or a Bargaining Council, are required to issue a certificate of non-resolution. 

Prior to the commencement of the strike action, the employees are required to provide at least 48 (forty-eight) hours’ notice of the proposed strike to the employer. 

Employee Rights During Protected Strike Action:

Protection from dismissal or disciplinary action; and

Right to return to work after the strike.

Employer Obligations During Strike Action:

Recognise the strike and negotiate in good faith;

Ensure safety and security of the workplace; and

Minimise disruptions to non-striking employees and customers.

Consequences of Illegal Strike Action

Interdicts or court orders to end the strike;

Damages or fines for breaching labour laws; and

Dismissal or disciplinary action against employees.

Best Practices for Employers:

Engage in open communication with employees;

Address grievances and negotiate in good faith; and

Develop contingency plans to minimise disruptions.

Closing Remarks:

Strike action is a legitimate means for employees to assert their rights, but it's crucial to understand the legal framework and obligations involved. By following this guide, employees and employers can navigate strike action effectively and minimise any adverse consequences.

Should you require guidance or assistance in understanding strike actions, or aspects related thereto, Quid Nunc Consulting is here to provide reliable and comprehensive human capital solutions tailored to your business needs. 

Contact us at info@qnc.co.za or give us a call at 067 402 0231 to learn more about how we can support your organisation's success.