Procedural requirements for protection of strikes and lock-outs in terms of section 64 South African labour law

1 procedural requirements protection of strikes , lock-outs in terms of section 64

1.1 issue in dispute
1.2 certificate of outcome
1.3 prescribed notice

procedural requirements protection of strikes , lock-outs in terms of section 64

the second hurdle crossed in order strike or lock-out regarded protected procedural requirements must complied with. hurdle stands on 3 legs prescribed section 64(1):

the issue in dispute

the lra defines issue in dispute demand, grievance, or dispute forms subject matter of strike or lock-out. issue in dispute must fall within definition of strike (or lock-out). in other words, demand, grievance or dispute employees strike (or employer locks out) must relate matter of mutual interest.

the lra requires parties must try resolve issue. requires parties first refer dispute bargaining council (if there 1 sector). if no bargaining council exists, dispute must referred commission conciliation, mediation , arbitration conciliation.

certificate of outcome

the bargaining council or commission conciliation, mediation , arbitration must attempt resolve dispute through conciliation within thirty days of referral. if parties dispute reach agreement, dispute resolved. if no agreement reached, conciliator must issue certificate indicate matter has not been resolved. after (or after thirty days have gone since referral of dispute conciliation), parties can give notice of proposed strike (or lock-out).

prescribed notice

if conciliation fails, or thirty days have passed since referral of dispute, @ least 48 hours’ written notice must given of commencement of strike or lock-out. if state employer, @ least 7 days’ notice must given. if employer member of employers’ organisation, notice must given employers’ organisation.

in case of proposed lock-out, employer must give notice union involved in dispute, or employees directly if there no union.

the lra not prescribe details notice must contain; regulates must in writing , must issued 48 hours before commencement of industrial action.

there exceptions, according which, parties not need follow procedures prescribed lra:

if parties dispute members of bargaining council , dispute followed procedure set council’s constitution;
if parties concluded collective agreement prescribed procedures followed before strike or lock-out, , have complied agreement,
if employer implements unprotected lock-out , employees strike in response (and same apply if employer locked-out employees in response unprotected strike);
if strike takes place after employer has unilaterally changed terms , conditions of employment, , employer fails rectify despite prior warning; and
if employer refuses bargain union, in case dispute must first referred conciliation , advisory arbitration before notice of strike can given.




^ s 64(1)(a).
^ cite error: named reference :0 invoked never defined (see page).
^ cite error: named reference s 213 invoked never defined (see page).
^ s 64(1)(a)(i)-(ii).
^ s 64(1)(b)-(c).
^ sa airways (pty) ltd v sa transport allied workers union (2010) ill 1219 (lc).
^ s 64(3)(a).
^ s 64(3)(b).
^ see columbus joint venture t/a columbus stainless steel v numsa [1997] 10 bllr 1292 (lc).
^ see county fair foods (pty) ltd v food & allied workers union & others (2001) 22 ilj 1103 (lac).
^ s 64(3)(c)-(d).
^ s 64(3)(e).