LABOUR RELATIONS N6 1 COMPILED BY TAFADZWA NHUNZWI

MODULE 5

INDUSTRIAL ACTION

1. Define the term strike(s)

- It takes place when employer and employees are involved in the following:
* Complete or partial refusal to work.
* Refusal to continue to work.
* Refusal to comply with terms of employment.
* Obstruction of a normal work process.
* There must be a common purpose between workers.

2. Cost of a strike

A. Public Costs
i) Industry that produce for immediate consumption
- Loss of output today is loss of output forever
- This can be different with service industry.

ii) Public utilities and transport.

- Continuous operation is important.
- Their work stoppage affects other industries.

iii) National Loss

- Foreign products will substitute local products.

B. Private Costs
i) Employees/workers.
- Loss of wages/salaries.
- Low productivity.
- Loss of goodwill reputation.
- Resistance to change.

ii) Employer/Management
- Loss of short-term profit.
- Loss of market position.
- Damage to equipment.

iii) Trade Union

- Loss of money
- Loss of members
- Public image will suffer

iv).Negotiations
-Loss of credibility

3. Reasons or purpose of a strike

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• to resolve a dispute in respect of matters of mutual interest

• to put pressure on management
• to persuade management
• to show disapproval or disagreement with management
• to force management to take note of the employees demands
• to stop continuation of business activities
• to show solidarity with other employees
• to strengthen position of the union

The matters of interest could be:

• wages
• working conditions
• benefits
• training schemes
• retrenchments
• unfair treatment
• health and safety issues
• disciplinary actions
• lack of participative management

3. Types of Strikes

a. Economic Strike
- Is when workers demand higher wages.

b. Recognition Strike
- It forces the employer to accept the union.

c. Secondary/Sympathy strikes
- Is when other unions are in support.

d. Solidarity strikes
- Is when employees stops to work and sympathize with others.

e. Strategic strike
- Is when important employees in a particular organization strike.

f. Rotating strike
- Is when strike takes place from one section to another with an enterprise.

g. Sit-it-strike
- Employees sit and refuse to work.

h. Expected strike
- Is type of a strike is not a surprise.

i)Wildcat strike
- Triggered by unfair dismissal.
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j) General strike
- General protest by employees.

4. Protected strike
- It’s a legal strike/ is like when the employees/ union have followed the required procedures to announce
a strike.
-strike is protected by law
-criminal or civil action cannot be imposed on persons involved in the strike
-an employee involved in the strike cannot be dismissed

a. Procedure/ Requirements for a protected strike/ lockout.

- Collective agreement must have a dispute resolution procedure.
- If members belong to a council they must follow the procedure in their constitution.
- Or follow the Labour Act procedure.
- The dispute can be submitted to CCMA.
-CCMA must try to settle the dispute within 30 days
- If CCMA fail to resolve the dispute it must give a certificate.
- In private sector workers must at least give 48 hours.
- In public sector workers must give 7 days’ notice.
-strike will be protected if procedure is not followed if parties are members of the council
-or if they deal with the dispute in term if the councils constitution

b. Effects of a protected strike.

- Employees cannot be dismissed.
- Employers cannot get a court interdict/ order.
- Employer may not pay the salaries.
- Allowances and benefits can be paid.
- Employees do not breach the contract by going on strike.
- Employees can be dismissed if involved in violent action.

5. Unprotected Strike
- Illegal strike/ a strike that has not been announced.
-employees are not protected by law and may be dismissed.
-civil sanctions may be imposed.

a.The following makes a strike unprotected.

- Employees engage themselves in a violent action.
- If the collective agreement does not allow a strike.
- If the agreement states that the matter must be referred for arbitration.
- If employees are engaged in essential services (services that interruption of such would endanger life,
health, personal safety or population at large)
- If employees are engaged in maintenance services.(when the a working area , plant or machinery is
physically destroyed if the service is interrupted)

b. Effects/ consequences of unprotected strike.

- Labour Relation Act does not provide protection for parties who participate in an unprotected strike.

The Court can order the following:

LABOUR RELATIONS N6 4 COMPILED BY TAFADZWA NHUNZWI

- Issue a court order to stop the strike.

- Can order payment/ compensation on loss incurred.
- Consider if provisions/ procedures were followed.
- Court considers duration of the action.
- Court consider financial position/ monetary position.
- The court will not give a court interdict before 48 hours’ notice to the respondent.
- Unprotected strike is a fair reason for dismissal.

6. Pro-active action by management/ Employer to deal with a strike.

a.Strike team.
- Employer must appoint a strike team.

b. Procedure.
- They must agree on procedure of dispute resolution.

c. No claim clause
- Workers will not claim for damages

d. Police
- Employer must inform the police about the strike.

e. Communication.
- Inform all level of admin within the organization.

f. Clients/ customers.
- Inform the clients about the strike.

g. Other branches
- Notify other branches.

h. Control room.
- Set a control room for internal and external communication.
i. Other organizations/ businesses.
- Inform other businesses

7. Go-slow
- It’s a way of withholding labour which is done by the employees.
- Employees will be at work but will not work as usual.
- It has same effects as a strike.
- It affects production.

Advantages of a Go-slow.
- Employees will receive their salaries/ wages.
- Workers will not be replaced.
- Difficult for management to take action.

Treatment of a Go-slow.
- Management treat it as a strike.
- Output can be measured and wages will be reduced.
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b. Lock-out.
- Is when the employer temporarily withhold work from employees.
- It involves temporary closure of the plant/ organization during negotiations.
- Employer stops employees from entering the premises.
- It is equivalent to a strike.
- Aim is to force workers to agree to management demands.
- The constitution does not protects the right to a lockout.

c. Product boycott.
- An action aimed at customers.
- Employees stop consumers from buying the product.
- It is done as a last resort/ option.
- Workers would have failed to strike.
- Require a good marketing strategy.
- Must be known by the public.

Aims of product boycott.

-To punish the employer.
- To pressurize the employer.
- To force the employer to return to the required solution.

Advantages of product boycott

• the organization feels the unhappiness of workers were it hurts most
• it is not possible to discipline the workers
• it usually non violent
• public awareness is raised about social wrong doing
• it forces the targeted organization to change
• the union which is successful in organising a product boycott is viewed as a powerful union

Disadvantages of product boycott

• it affects profitability of the organization
• not all unions will be able to take this action
• the organization may not be well known or popular
• negative publicity can cause the organization to lose its market position
•

d. Intimidation.
- Can be treated as a criminal offense.
- Employees can intimidate each other by:
* Verbal threats.
* Physical threats.
* Verbal persuasion.
- Employer can also intimidate workers by promising a dismissal.

e. Picketing
-non-violent method which the employees use to make their problems be known by external stakeholders
- It is done to encourage others to join a strike.
- Aim is to block the facilities of the employer.
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- Also done to persuade suppliers/ customers.

- Workers can picket at a public place or.
- They can picket at the entrance of premises or
- They can picket within the premises if allowed by employer.

The role of police in a strike.

- Police have no right to support management or employees during the strike.
- Meaning that they have no rights to play.
- They have the following rights:
* To protect public interest.
* To act if the strike causes disturbance.
* To respond if there is a physical threats to individuals.

END OF MODULE 5
LABOUR RELATIONS N6 7 COMPILED BY TAFADZWA NHUNZWI

MODULE 4

DISPUTES AND DISPUTE RESOLUTION

1.Define the term dispute(s)

- It’s a continuous disagreement between employer and employee, trade union with regards to matter of
common interest or work related.

2. Discuss the two types of disputes.

a.Disputes of rights.
- A right is that which you are entitled to.
- Rights are ensured by the following:
* Contract of employment,
* Common law.
* Statutory law/ Acts.
* Customary practice.
- They are legally enforceable.
- They can be settled by legal decision.
- They involve rights that have been given to the employees.
- Disputes of rights arise from:
* Failure to abide by the contract of work.
* Failure to implement procedures.
* Failure to implement arbitration award.

b. Disputes of interest.
- An interest is that which you desire to have.
- A dispute of interest is dynamic.
- To achieve an interest it depends on one’s ability to persuade the other party.
- It also depends on negotiations/ collective bargaining.
- Settlement requires procedure.
- If an interest is negotiated and agreed upon it becomes a right.
- Examples of interest:
* Changes in shifts.
* Improved wages.
* Better terms of employment.

3. Discuss the aims/ objectives of dispute resolution.

- To avoid increasing conflicts.
- To obtain information about the dispute.
- To avoid loss in the enterprise.
- To prevent a dispute at an early stage.
- To have options of handling disputes.
- To arrive at an acceptable solution.

4. Dispute resolution methods.

- Negotiations.
- Arbitration
- Mediation.
- Conciliation
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- Adjudication.

a. Negotiation
- Two parties are involved in bilateral talks.
- It’s one of the best method to solve a dispute.
- Parties conciliate without a third party.
- Outcome is designed by the parties involved.
- It can take place between employer, employees/ trade union.
- It’s a voluntary process.

b. Arbitration
- A method to solve a dispute by involving a third independent neutral party called an arbitrator.
- The arbitrator imposes a decision.
- The final and binding.

c. Mediation
- It’s a method of dispute resolution by involving a third independent neutral party called the mediator.
- It’s a voluntary process.
- It can take place between employer, employees/ trade union.

i) Duties/ tasks / responsibility / roles / of a good mediator.

- To make suggestions.
- Only gives advices.
- To encourage parties to reach a decision.
- Have no adjudicative power.

ii) Characteristics of a good mediator.

- Must have a proven record.
- Create trust and acceptance.
- Intelligent and practical.
- Identify problems.
- Offer solutions.
- Good communication.
- Up to date with legislations.

d. Adjudication
- It is when a dispute is referred to the labour court.
- The outcome can be appealed.
- The matter can be referred to labour appeal court.

e. Conciliation.
- Brings parties together in order to continue a relationship.
- It’s a voluntary process.
- Seeks to improve the relationship and resolve problem.
- Ensures continuation of negotiations.

5. List of the institution for dispute resolution

- CCMA.
- Labour court.
- Labour Appeal court.
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- Private Agencies.
e.g. HR consultant/ labour lawyers.
- Bargaining councils.
- IMSSA – Independent Mediation Services of South Africa.

Functions and powers of CCMA.

- It is an independent body.
- Funded by the state.
- To solve labour disputes.
- To give advice on dispute resolution.
- To assist in the establishment of workplace forum
- To accredits bargaining council.

END OF MODULE 4