Chapter IV: Strikes and Lock-outs
65. Limitations on right to strike or recourse to lock-out

 

 

  1. No person may take part in a strike or a lock-out or in any conduct in contemplation or furtherance of a strike or a lock-out if-

    1. that person is bound by a collective agreement that prohibits a strike or lock-out in respect of the issue in dispute;

    2. that person is bound by an agreement that requires the issue in dispute to be referred to arbitration;

    3. the issue in dispute is one that a party has the right to refer to arbitration or to the Labour Court in terms of this Act;

    4. that person is engaged in-

      1. an essential service; or

      2. a maintenance service. (Essential services, agreed minimum services and maintenance services are regulated in sections 71 to 75.)

  2.  

    1. Despite section 65(1)(c), a person may take part in a strike or a lock-out or in any conduct in contemplation or in furtherance of a strike or lock-out if the issue in dispute is about any matter dealt with in sections 12 to 15. (These sections deal with organisational rights.)

    2. If the registered trade union has given notice of the proposed strike in terms of section 64(1) in respect of an issue in dispute referred to in paragraph (a), it may not exercise the right to refer the dispute to arbitration in terms of section 21 for a period of 12 months from the date of the notice.

  3. Subject to a collective agreement, no person may take part in a strike or a lock-out or in any conduct in contemplation or furtherance of a strike or lock-out-

    1. if that person is bound by-

      1. any arbitration award or collective agreement that regulates the issue in dispute; or

      2. any determination made in terms of section 44 by the Minister that regulates the issue in dispute; or

    2. any determination made in terms of the Wage Act and that regulates the issue in dispute, during the first year of that determination.