Chapter IV: Strikes and Lock-outs
77. Protest action to promote or defend socio-economic interests of workers

 

 

  1. Every employee who is not engaged in an essential service or a maintenance service has the right to take part in protest action if-

    1. the protest action has been called by a registered trade union or federation of trade unions;

    2. the registered trade union or federation of trade unions has served a notice on NEDLAC stating-

      1. the reasons for the protest action; and

      2. the nature of the protest action;

    3. the matter giving rise to the intended protest action has been considered by NEDLAC or any other appropriate forum in which the parties concerned are able to participate in order to resolve the matter; and

    4. at least 14 days before the commencement of the protest action, the registered trade union or federation of trade unions has served a notice on NEDLAC of its intention to proceed with the protest action.

  2. The Labour Court has exclusive jurisdiction-

    1. to grant any order to restrain any person from taking part in protest action or in any conduct in contemplation or in furtherance of protest action that does not comply with subsection (1);

    2. in respect of protest action that complies with subsection (1), to grant a declaratory order contemplated by subsection (4), after having considered-

      1. the nature and duration of the protest action;

      2. the steps taken by the registered trade union or federation of trade unions to minimise the harm caused by the protest action; and

      3. the conduct of the participants in the protest action.

  3. A person who takes part in protest action or in any conduct in contemplation or in furtherance of protest action that complies with subsection (1), enjoys the protections conferred by section 67.

  1. Despite the provisions of subsection (3), an employee forfeits the protection against dismissal conferred by that subsection, if the employee-

    1. takes part in protest action or any conduct in contemplation or in furtherance of protest action in breach of an order of the Labour Court; or

    2. otherwise acts in contempt of an order of the Labour Court made in terms of this section.