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Workers must follow procedure before embarking on a strike

Updated: Jul 9, 2019

Illegal Industrial Action

A cautionary word to all our members;

The Constitution of the Republic of South Africa recognizes the right to strike and the right to strike is further protected by the Labour Relations Act. Furthermore, it is also a very important bargaining tool for Trade Unions. However, members must be careful about embarking on an illegal strike action.

There are procedures to be followed before any action can be taken, hence the importance of consulting and getting the involvement and guidance of union officials in matters on mutual interest in the company. Go slow and overtime ban are also forms of industrial action.

In summary, this is the procedure for a legally protected strike;

Negotiations by both party (employer and union) must be exhausted and have reached impasse. The matter must then be referred to the dispute resolution body for conciliation. Should the matter still be unresolved, only then will a certificate be issued. Members must then vote by ballot and if majority vote in favor of the strike, a 48 hours notice may be issued to the employer for the commencement of the strike.

Should the above procedure not be followed, the strike is illegal and members would be opening themselves up for disciplinary procedures against them which may lead to dismissal. We therefore urge our members to consult with their union officials

We are here to serve.

By Xoliwe Mavuso (Gauteng Regional Secretary)

Image credits:

Creator:© Mike Hutchings / Reuters


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