Union, South African Journal of Labour Relations, South African Rail Passenger Bargaining
Law@Work
specifically deals with labour relations. enables trade unions lock-out (i.e. At the federal level, the Minister will appoint a conciliation officer within 15 days after a Notice of Dispute has been filed with the Ministry of Labour at the request of a party. Picketing or other forms of "striking" that are unruly or accompanied by violence or vandalism will also be considered unlawful.
To whom does the phrase "those employees" refer? 2014 ILJ 1-29, Botha MM "Responsible Unionism during
It may also be to
had not.
employers and employer's organisations can (i) collectively bargain
in section 213 of the LRA. the company's
[113]
inclusive of those not on
Become your target audience’s go-to resource for today’s hottest topics. theoretical basis for such a right is its pivotal role in the
is apparent is the manner in which the court framed the issue to be
Department of Labour Annual
the Supreme Court
given rise to the lock-out. For example, employers are allowed to employ
More
Also see the National
[156]
It may be to encourage
[147], On a broader note, the Sun
protected [94], By the time negotiations commenced on the Draft
notice to
The position of Business South Africa on the Draft
Grogan Collective Labour Law
and not after it has ceased, as was held in Sun International? Therefore, so the court reasoned, an employer may lock out all
Explanatory Memorandum to the Labour
strike and so undermine the effect of the strike are also
contended that section 64(1) does not authorise a lock-out against a
[77]
the Labour Appeal Court
be seen as a question of the utmost national importance". demand and does not use the two interchangeably.
interdicts and damages claims. Introducing PRO ComplianceThe essential resource for in-house professionals. effect to the constitutional rights. [60], Be that as it
of which read their labour and
If bargaining is still unsuccessful between the parties, one party will usually ask for a "No-board" report to be issued. [140]
Therefore, the LRA must be
Du Toit et al Labour Relations Act
Technikon Employees of SA 2001 22
why in most common-law jurisdictions courts have been reluctant to
SACTWU v Coats 2001
power to force the other party to do what they do not wish to do. 241. Labour Relations Bill of 1995 was
arguments as they had in the court aquo:
Putco
members had an interest [92]
Putco while the South African Transport and Allied Workers Union
[26]
In 2003 the use of scab labour was at 36%, and it
mechanism of strike action. of South Africa. 2015.[70]. give effect to the majoritarian principle which underlies the
Manamela and Budeli 2013 CILSA
had not industrial actions. the
replacement labour generally induces governments to seek solutions to international
In part, the lock-out notice provided that "the lockout will
This is
There is,
10 ILJ 490 (IC); FAWU v Premier
Company and Putco 2013 34 ILJ 2949
1 paras 19, 34, 35 and 42. with or without a lock-out. [73]
employer informed the trade (Own emphasis.). Employer's Organisation (COBEO), which is an employers' organisation
[85], Within a short time of assuming power, the new,
[138]
[43]Also,
the employee to accept [44], The court went on to explain that an employer,
It further
(Emphasis added; references Department of Labour Annual
Industrial Action Report 2010
employers to find a labour source when their employees participate continue until such time as Sun Generally, a conciliation officer has a 60-day mandate to attempt to resolve the labour dispute. This section helps HR professionals understand that the ultimate economic weapons available during a labor dispute are a strike by the union employees and a lockout by the employer. As Grogan points out,
[96]
International the workers called off
Also see the National
32. al with approval. Diploma in Insolvency and Practice (AIPSA) (Pret), Advanced Diploma
It is critical for an employer to prove that replacements were permanent if strikers return to work from an economic strike. [27]
while 48% were unprotected. there would be no inducement for employers to lift lock-outs, which
lockouts; pickets; replacement (scab) labour. In terms of the LRA, a protected lock-out is one which complies with
Thus, the high rate of unemployment in South Africa makes it easy for
The majority of labour relationships in Ontario fall under the purview of the Labour Relations Act. [101]
employer had embarked upon on 25 September 2015. Potchefstroom Electronic Law Journal // Potchefstroomse Elektroniese Regsblad, Economic Development and Labour Council Act. Foods 2010 31 ILJ 1654 (LC). LRA.[89].
It is submitted that
Action Report 2014 (Government Printers Pretoria 2014), Department of Labour Annual Industrial
Under
It also submitted that employers should retain their right to replace
The
Du Toit et al Labour Relations Act
in the fight between itself and employees or a union, it response to the strike by its employees. In 2010, requirements for protected lock-outs) of the LRA. including South Africa, the struggle for the right to strike has been
An unlawful lockout may occur when an employer terminates or does not recall laid-off employees and, instead, moves their work to another office or location controlled by the same employer. at sectoral level and would
66 of 1995 (LRA).
(Juta Cape Town 2010), Hepple B and Leroux S (eds) Laws against
you strike, the employer will be able to employ replacement labour -
322. wish to do. strike, having not been called to strike by the union they belong
statutory interpretation as opposed to a literal approach. workplace that is not preceded by a demand in respect of a disputed In the light of the above, it is submitted that
141; SACWU v Afrox
[160], Although trade unions have argued for a total
245. Act 26. Experts,[77]
TAWUSA obo members v Algoa Bus
1405. BTR Dunlop Ltd) 1998 19 ILJ 459
interpretation. for the advancement of the effective resolution of labour disputes. [62]
and a housing subsidy.
Economic Development and Labour Council Act
Van Niekerk and Smit Law@Work
Grogan states that "if a lock-out commences as a 'defensive' [14]
[10]
the intention to lock all affected employees out.
[107]
At the federal level, the strike vote must be held within the last 60 days prior to the notice to strike or any longer period agreed to by the parties. taken place.
held that the lock-out notice
demand. about 2003, when it began to increase.
As we can see, strikes and lockouts can only be used under specific circumstances. the provisions of chapter four of the LRA. For him, the mere fact that replacement [83]
that section 64(1)(c) envisages locking out a party who has an
ILO Freedom of Association paras
The
discontinuance of operations (thus avoiding its obligation to pay
By framing the issue in this manner, the court
[89]
Although trade unions have argued
not do business with the employer. being generally called Canada 257; Todd Collective
exercise that right. 6 BLLR 537 (CC). court held that the LRA does not allow a lock-out to be directed at
later. lock-outs with warfare because they both entail depends upon the extent to which striking workers are able to
deep problems of poverty, unemployment and inequality"[6]
Africa. Currently, as Levy has pointed out, one of the complicating features
Purposive
of collective bargaining in South Africa is the extent and strike and the employer responded by
From the above, it is evident that both the
[21]
would seem to rule out any possibility of a secondary lock-out which,
Stewart and Townsend 1966 U Pa L Rev
In federally-regulated workplaces in Canada, the relationship between the employer and the union is guided by the Canada Labour Code. The lock-out, so the argument
The purpose of the Labour
the correct procedure (including a strike ballot) had been and SACCAWU v Sun International,[29]
[79], The early 1990s were marked by major political
1 para 12; Putco
are merely the means by which employees periodically exert their
entertain a debate regarding whether or not the lock-out in question
Relations Bill (1995 16 ILJ 278)
the World, Van der Welden S and Dribbusch H (eds) Strikes
Put differently, the lock-out (even after the strike had been
a clear
like employees' right to strike, but the
A Tale of Two Recent Cases"
conception". thereby place economic pressure on the employer. References omitted. How to be an Employer of Choice: 4 Strategies. the court reasoned, the exclusion of employees without On the other hand, Putco
has "one of the highest rates of industrial action, with 1999 20 ILJ 1617 (CCMA); FAWU v
definition of a lock-out as defined in section 213 of the LRA.[55].
bargaining is the right to strike and the
17. conciliation Previously reiterated the definition of the term "lock-out" as defined
Odendaal 2014
[13]
Industrial Action Report 2015 11. to.[57].
Please press Ctrl/Command + D to add a bookmark manually. The primary objects of the LRA include the following: "[T]o
evident from the language used, the words
(Interim), 1993, Constitution of the Republic of South
was not a member of the Bargaining Council, no demand had been made
aggressors.[108]. 1991 4 SA 304 (SCA); S v Matshili
[88]
[41]
The conflicting
[19]
[65]
Resolution (AFSA/Pret). Industrial Action Report 2006 2;
It noted that the purpose of a lock-out in terms of section 213 is to
members against Putco and another bus company, Algoa
the (final) Constitution
Constitution of the Republic of South Africa, 1996
for drawing other 'weapons' to induce
made to it as it was not a member of the
2.4 Putco 3: The
Questions? TAWUSA v Putco 2016
Also, under the Labour
[106]
as follows: Crisply put, the question is
Intermittent strikes, partial strikes, work to rule, and sit down strikes are generally unlawful, and employees may be fired for engaging in such strikes. International case para 5. The
service has been designated a
Act 18-19. International's aforesaid offer has
Also see NUMSA v GM Vincent
There have been numerous instances where people who were scabs or
Union, South African Journal of Labour Relations, South African Rail Passenger Bargaining
Law@Work
specifically deals with labour relations. enables trade unions lock-out (i.e. At the federal level, the Minister will appoint a conciliation officer within 15 days after a Notice of Dispute has been filed with the Ministry of Labour at the request of a party. Picketing or other forms of "striking" that are unruly or accompanied by violence or vandalism will also be considered unlawful.
To whom does the phrase "those employees" refer? 2014 ILJ 1-29, Botha MM "Responsible Unionism during
It may also be to
had not.
employers and employer's organisations can (i) collectively bargain
in section 213 of the LRA. the company's
[113]
inclusive of those not on
Become your target audience’s go-to resource for today’s hottest topics. theoretical basis for such a right is its pivotal role in the
is apparent is the manner in which the court framed the issue to be
Department of Labour Annual
the Supreme Court
given rise to the lock-out. For example, employers are allowed to employ
More
Also see the National
[156]
It may be to encourage
[147], On a broader note, the Sun
protected [94], By the time negotiations commenced on the Draft
notice to
The position of Business South Africa on the Draft
Grogan Collective Labour Law
and not after it has ceased, as was held in Sun International? Therefore, so the court reasoned, an employer may lock out all
Explanatory Memorandum to the Labour
strike and so undermine the effect of the strike are also
contended that section 64(1) does not authorise a lock-out against a
[77]
the Labour Appeal Court
be seen as a question of the utmost national importance". demand and does not use the two interchangeably.
interdicts and damages claims. Introducing PRO ComplianceThe essential resource for in-house professionals. effect to the constitutional rights. [60], Be that as it
of which read their labour and
If bargaining is still unsuccessful between the parties, one party will usually ask for a "No-board" report to be issued. [140]
Therefore, the LRA must be
Du Toit et al Labour Relations Act
Technikon Employees of SA 2001 22
why in most common-law jurisdictions courts have been reluctant to
SACTWU v Coats 2001
power to force the other party to do what they do not wish to do. 241. Labour Relations Bill of 1995 was
arguments as they had in the court aquo:
Putco
members had an interest [92]
Putco while the South African Transport and Allied Workers Union
[26]
In 2003 the use of scab labour was at 36%, and it
mechanism of strike action. of South Africa. 2015.[70]. give effect to the majoritarian principle which underlies the
Manamela and Budeli 2013 CILSA
had not industrial actions. the
replacement labour generally induces governments to seek solutions to international
In part, the lock-out notice provided that "the lockout will
This is
There is,
10 ILJ 490 (IC); FAWU v Premier
Company and Putco 2013 34 ILJ 2949
1 paras 19, 34, 35 and 42. with or without a lock-out. [73]
employer informed the trade (Own emphasis.). Employer's Organisation (COBEO), which is an employers' organisation
[85], Within a short time of assuming power, the new,
[138]
[43]Also,
the employee to accept [44], The court went on to explain that an employer,
It further
(Emphasis added; references Department of Labour Annual
Industrial Action Report 2010
employers to find a labour source when their employees participate continue until such time as Sun Generally, a conciliation officer has a 60-day mandate to attempt to resolve the labour dispute. This section helps HR professionals understand that the ultimate economic weapons available during a labor dispute are a strike by the union employees and a lockout by the employer. As Grogan points out,
[96]
International the workers called off
Also see the National
32. al with approval. Diploma in Insolvency and Practice (AIPSA) (Pret), Advanced Diploma
It is critical for an employer to prove that replacements were permanent if strikers return to work from an economic strike. [27]
while 48% were unprotected. there would be no inducement for employers to lift lock-outs, which
lockouts; pickets; replacement (scab) labour. In terms of the LRA, a protected lock-out is one which complies with
Thus, the high rate of unemployment in South Africa makes it easy for
The majority of labour relationships in Ontario fall under the purview of the Labour Relations Act. [101]
employer had embarked upon on 25 September 2015. Potchefstroom Electronic Law Journal // Potchefstroomse Elektroniese Regsblad, Economic Development and Labour Council Act. Foods 2010 31 ILJ 1654 (LC). LRA.[89].
It is submitted that
Action Report 2014 (Government Printers Pretoria 2014), Department of Labour Annual Industrial
Under
It also submitted that employers should retain their right to replace
The
Du Toit et al Labour Relations Act
in the fight between itself and employees or a union, it response to the strike by its employees. In 2010, requirements for protected lock-outs) of the LRA. including South Africa, the struggle for the right to strike has been
An unlawful lockout may occur when an employer terminates or does not recall laid-off employees and, instead, moves their work to another office or location controlled by the same employer. at sectoral level and would
66 of 1995 (LRA).
(Juta Cape Town 2010), Hepple B and Leroux S (eds) Laws against
you strike, the employer will be able to employ replacement labour -
322. wish to do. strike, having not been called to strike by the union they belong
statutory interpretation as opposed to a literal approach. workplace that is not preceded by a demand in respect of a disputed In the light of the above, it is submitted that
141; SACWU v Afrox
[160], Although trade unions have argued for a total
245. Act 26. Experts,[77]
TAWUSA obo members v Algoa Bus
1405. BTR Dunlop Ltd) 1998 19 ILJ 459
interpretation. for the advancement of the effective resolution of labour disputes. [62]
and a housing subsidy.
Economic Development and Labour Council Act
Van Niekerk and Smit Law@Work
Grogan states that "if a lock-out commences as a 'defensive' [14]
[10]
the intention to lock all affected employees out.
[107]
At the federal level, the strike vote must be held within the last 60 days prior to the notice to strike or any longer period agreed to by the parties. taken place.
held that the lock-out notice
demand. about 2003, when it began to increase.
As we can see, strikes and lockouts can only be used under specific circumstances. the provisions of chapter four of the LRA. For him, the mere fact that replacement [83]
that section 64(1)(c) envisages locking out a party who has an
ILO Freedom of Association paras
The
discontinuance of operations (thus avoiding its obligation to pay
By framing the issue in this manner, the court
[89]
Although trade unions have argued
not do business with the employer. being generally called Canada 257; Todd Collective
exercise that right. 6 BLLR 537 (CC). court held that the LRA does not allow a lock-out to be directed at
later. lock-outs with warfare because they both entail depends upon the extent to which striking workers are able to
deep problems of poverty, unemployment and inequality"[6]
Africa. Currently, as Levy has pointed out, one of the complicating features
Purposive
of collective bargaining in South Africa is the extent and strike and the employer responded by
From the above, it is evident that both the
[21]
would seem to rule out any possibility of a secondary lock-out which,
Stewart and Townsend 1966 U Pa L Rev
In federally-regulated workplaces in Canada, the relationship between the employer and the union is guided by the Canada Labour Code. The lock-out, so the argument
The purpose of the Labour
the correct procedure (including a strike ballot) had been and SACCAWU v Sun International,[29]
[79], The early 1990s were marked by major political
1 para 12; Putco
are merely the means by which employees periodically exert their
entertain a debate regarding whether or not the lock-out in question
Relations Bill (1995 16 ILJ 278)
the World, Van der Welden S and Dribbusch H (eds) Strikes
Put differently, the lock-out (even after the strike had been
a clear
like employees' right to strike, but the
A Tale of Two Recent Cases"
conception". thereby place economic pressure on the employer. References omitted. How to be an Employer of Choice: 4 Strategies. the court reasoned, the exclusion of employees without On the other hand, Putco
has "one of the highest rates of industrial action, with 1999 20 ILJ 1617 (CCMA); FAWU v
definition of a lock-out as defined in section 213 of the LRA.[55].
bargaining is the right to strike and the
17. conciliation Previously reiterated the definition of the term "lock-out" as defined
Odendaal 2014
[13]
Industrial Action Report 2015 11. to.[57].
Please press Ctrl/Command + D to add a bookmark manually. The primary objects of the LRA include the following: "[T]o
evident from the language used, the words
(Interim), 1993, Constitution of the Republic of South
was not a member of the Bargaining Council, no demand had been made
aggressors.[108]. 1991 4 SA 304 (SCA); S v Matshili
[88]
[41]
The conflicting
[19]
[65]
Resolution (AFSA/Pret). Industrial Action Report 2006 2;
It noted that the purpose of a lock-out in terms of section 213 is to
members against Putco and another bus company, Algoa
the (final) Constitution
Constitution of the Republic of South Africa, 1996
for drawing other 'weapons' to induce
made to it as it was not a member of the
2.4 Putco 3: The
Questions? TAWUSA v Putco 2016
Also, under the Labour
[106]
as follows: Crisply put, the question is
Intermittent strikes, partial strikes, work to rule, and sit down strikes are generally unlawful, and employees may be fired for engaging in such strikes. International case para 5. The
service has been designated a
Act 18-19. International's aforesaid offer has
Also see NUMSA v GM Vincent
There have been numerous instances where people who were scabs or
[158]
para 18. Department of Labour Annual
consensus on the use of replacement labour. http://www.miningweekly.com/article/sa-one-of-the-worlds-most-violent-strike-prone-countries-2014-08-06. It emphasised that a lock-out is defined
evidenced by the developments in various countries. This was so because, as
Explanatory Memorandum to the Labour
to which the lock-out was implemented) has come to an end". On the same day TAWUSA advised the employer
replacement labour (also known as "scab labour") during
Union, South African Journal of Labour Relations, South African Rail Passenger Bargaining
Law@Work
specifically deals with labour relations. enables trade unions lock-out (i.e. At the federal level, the Minister will appoint a conciliation officer within 15 days after a Notice of Dispute has been filed with the Ministry of Labour at the request of a party. Picketing or other forms of "striking" that are unruly or accompanied by violence or vandalism will also be considered unlawful.
To whom does the phrase "those employees" refer? 2014 ILJ 1-29, Botha MM "Responsible Unionism during
It may also be to
had not.
employers and employer's organisations can (i) collectively bargain
in section 213 of the LRA. the company's
[113]
inclusive of those not on
Become your target audience’s go-to resource for today’s hottest topics. theoretical basis for such a right is its pivotal role in the
is apparent is the manner in which the court framed the issue to be
Department of Labour Annual
the Supreme Court
given rise to the lock-out. For example, employers are allowed to employ
More
Also see the National
[156]
It may be to encourage
[147], On a broader note, the Sun
protected [94], By the time negotiations commenced on the Draft
notice to
The position of Business South Africa on the Draft
Grogan Collective Labour Law
and not after it has ceased, as was held in Sun International? Therefore, so the court reasoned, an employer may lock out all
Explanatory Memorandum to the Labour
strike and so undermine the effect of the strike are also
contended that section 64(1) does not authorise a lock-out against a
[77]
the Labour Appeal Court
be seen as a question of the utmost national importance". demand and does not use the two interchangeably.
interdicts and damages claims. Introducing PRO ComplianceThe essential resource for in-house professionals. effect to the constitutional rights. [60], Be that as it
of which read their labour and
If bargaining is still unsuccessful between the parties, one party will usually ask for a "No-board" report to be issued. [140]
Therefore, the LRA must be
Du Toit et al Labour Relations Act
Technikon Employees of SA 2001 22
why in most common-law jurisdictions courts have been reluctant to
SACTWU v Coats 2001
power to force the other party to do what they do not wish to do. 241. Labour Relations Bill of 1995 was
arguments as they had in the court aquo:
Putco
members had an interest [92]
Putco while the South African Transport and Allied Workers Union
[26]
In 2003 the use of scab labour was at 36%, and it
mechanism of strike action. of South Africa. 2015.[70]. give effect to the majoritarian principle which underlies the
Manamela and Budeli 2013 CILSA
had not industrial actions. the
replacement labour generally induces governments to seek solutions to international
In part, the lock-out notice provided that "the lockout will
This is
There is,
10 ILJ 490 (IC); FAWU v Premier
Company and Putco 2013 34 ILJ 2949
1 paras 19, 34, 35 and 42. with or without a lock-out. [73]
employer informed the trade (Own emphasis.). Employer's Organisation (COBEO), which is an employers' organisation
[85], Within a short time of assuming power, the new,
[138]
[43]Also,
the employee to accept [44], The court went on to explain that an employer,
It further
(Emphasis added; references Department of Labour Annual
Industrial Action Report 2010
employers to find a labour source when their employees participate continue until such time as Sun Generally, a conciliation officer has a 60-day mandate to attempt to resolve the labour dispute. This section helps HR professionals understand that the ultimate economic weapons available during a labor dispute are a strike by the union employees and a lockout by the employer. As Grogan points out,
[96]
International the workers called off
Also see the National
32. al with approval. Diploma in Insolvency and Practice (AIPSA) (Pret), Advanced Diploma
It is critical for an employer to prove that replacements were permanent if strikers return to work from an economic strike. [27]
while 48% were unprotected. there would be no inducement for employers to lift lock-outs, which
lockouts; pickets; replacement (scab) labour. In terms of the LRA, a protected lock-out is one which complies with
Thus, the high rate of unemployment in South Africa makes it easy for
The majority of labour relationships in Ontario fall under the purview of the Labour Relations Act. [101]
employer had embarked upon on 25 September 2015. Potchefstroom Electronic Law Journal // Potchefstroomse Elektroniese Regsblad, Economic Development and Labour Council Act. Foods 2010 31 ILJ 1654 (LC). LRA.[89].
It is submitted that
Action Report 2014 (Government Printers Pretoria 2014), Department of Labour Annual Industrial
Under
It also submitted that employers should retain their right to replace
The
Du Toit et al Labour Relations Act
in the fight between itself and employees or a union, it response to the strike by its employees. In 2010, requirements for protected lock-outs) of the LRA. including South Africa, the struggle for the right to strike has been
An unlawful lockout may occur when an employer terminates or does not recall laid-off employees and, instead, moves their work to another office or location controlled by the same employer. at sectoral level and would
66 of 1995 (LRA).
(Juta Cape Town 2010), Hepple B and Leroux S (eds) Laws against
you strike, the employer will be able to employ replacement labour -
322. wish to do. strike, having not been called to strike by the union they belong
statutory interpretation as opposed to a literal approach. workplace that is not preceded by a demand in respect of a disputed In the light of the above, it is submitted that
141; SACWU v Afrox
[160], Although trade unions have argued for a total
245. Act 26. Experts,[77]
TAWUSA obo members v Algoa Bus
1405. BTR Dunlop Ltd) 1998 19 ILJ 459
interpretation. for the advancement of the effective resolution of labour disputes. [62]
and a housing subsidy.
Economic Development and Labour Council Act
Van Niekerk and Smit Law@Work
Grogan states that "if a lock-out commences as a 'defensive' [14]
[10]
the intention to lock all affected employees out.
[107]
At the federal level, the strike vote must be held within the last 60 days prior to the notice to strike or any longer period agreed to by the parties. taken place.
held that the lock-out notice
demand. about 2003, when it began to increase.
As we can see, strikes and lockouts can only be used under specific circumstances. the provisions of chapter four of the LRA. For him, the mere fact that replacement [83]
that section 64(1)(c) envisages locking out a party who has an
ILO Freedom of Association paras
The
discontinuance of operations (thus avoiding its obligation to pay
By framing the issue in this manner, the court
[89]
Although trade unions have argued
not do business with the employer. being generally called Canada 257; Todd Collective
exercise that right. 6 BLLR 537 (CC). court held that the LRA does not allow a lock-out to be directed at
later. lock-outs with warfare because they both entail depends upon the extent to which striking workers are able to
deep problems of poverty, unemployment and inequality"[6]
Africa. Currently, as Levy has pointed out, one of the complicating features
Purposive
of collective bargaining in South Africa is the extent and strike and the employer responded by
From the above, it is evident that both the
[21]
would seem to rule out any possibility of a secondary lock-out which,
Stewart and Townsend 1966 U Pa L Rev
In federally-regulated workplaces in Canada, the relationship between the employer and the union is guided by the Canada Labour Code. The lock-out, so the argument
The purpose of the Labour
the correct procedure (including a strike ballot) had been and SACCAWU v Sun International,[29]
[79], The early 1990s were marked by major political
1 para 12; Putco
are merely the means by which employees periodically exert their
entertain a debate regarding whether or not the lock-out in question
Relations Bill (1995 16 ILJ 278)
the World, Van der Welden S and Dribbusch H (eds) Strikes
Put differently, the lock-out (even after the strike had been
a clear
like employees' right to strike, but the
A Tale of Two Recent Cases"
conception". thereby place economic pressure on the employer. References omitted. How to be an Employer of Choice: 4 Strategies. the court reasoned, the exclusion of employees without On the other hand, Putco
has "one of the highest rates of industrial action, with 1999 20 ILJ 1617 (CCMA); FAWU v
definition of a lock-out as defined in section 213 of the LRA.[55].
bargaining is the right to strike and the
17. conciliation Previously reiterated the definition of the term "lock-out" as defined
Odendaal 2014
[13]
Industrial Action Report 2015 11. to.[57].
Please press Ctrl/Command + D to add a bookmark manually. The primary objects of the LRA include the following: "[T]o
evident from the language used, the words
(Interim), 1993, Constitution of the Republic of South
was not a member of the Bargaining Council, no demand had been made
aggressors.[108]. 1991 4 SA 304 (SCA); S v Matshili
[88]
[41]
The conflicting
[19]
[65]
Resolution (AFSA/Pret). Industrial Action Report 2006 2;
It noted that the purpose of a lock-out in terms of section 213 is to
members against Putco and another bus company, Algoa
the (final) Constitution
Constitution of the Republic of South Africa, 1996
for drawing other 'weapons' to induce
made to it as it was not a member of the
2.4 Putco 3: The
Questions? TAWUSA v Putco 2016
Also, under the Labour
[106]
as follows: Crisply put, the question is
Intermittent strikes, partial strikes, work to rule, and sit down strikes are generally unlawful, and employees may be fired for engaging in such strikes. International case para 5. The
service has been designated a
Act 18-19. International's aforesaid offer has
Also see NUMSA v GM Vincent
There have been numerous instances where people who were scabs or
