Tag: strike action

Siviwe Gwarube is the first Democratic Alliance (DA) member to become Minister of Basic Education; an impressive feat that is fraught with peril. The DA did not nearly accomplish all that it should have after forming a government of national unity (GNU) with the African National Congress (ANC).

South African policymakers learn all the wrong lessons from other countries. Rather than look to the free and prosperous societies of the United States and Europe, politicians and pundits would rather push us to imitate Russia, China, Venezuela, Cuba and Zimbabwe. And even when policymakers identify genuinely good role models, they take the wrong lessons.

Gargantuan and tyrannical unions like the Congress of South African Trade Unions (COSATU), South African Democratic Teachers Union (SADTU), and National Union of Metalworkers of South Africa (NUMSA) have leveraged their power, numbers, money, and capacity to threaten violence, and in so doing hold the economy hostage.

By focusing on being open, understanding, and reliable when communicating with employees, employers can successfully handle challenging situations and emerge stronger and more resilient. During times of crisis, it is crucial for organisations to focus on engaging and communicating effectively with their employees.

On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). It had to consider the interpretation of section 76(1)(b) of the Labour Relations Act (LRA), which prohibits employers from using replacement labour during a lock-out unless the lock-out is in response to a strike.

Now in its second revised edition, Labour Law in Practice has sold over 10,000 copies and has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice.

Lockdown rendered many things impossible, among them the ability for unions to 'show up' for their members in what has traditionally been the status quo for negotiation in South Africa: the organised strike. In many countries across the globe and particularly in South Africa, the ability to organise a strike is where a union best demonstrates its strength.

The concept of strikes is not new to South African employers and employees alike. However, within the realm of striking and strike protection there are certain rules and regulations that may be unknown. This is particularly true when it comes to the repercussions of carrying a weapon during a strike.

Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population. Once a service is declared as an essential service, employees working in such services may not engage in strike action.