MRL3702 - STUDY UNIT 11 - STRIKES AND LOCK-OUTS (CHAPTER 13) STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 - STUDY UNIT 11 - STRIKES AND LOCK-OUTS (CHAPTER 13) STUDY GUIDE WITH COMPLETE SOLUTIONS PROTECTED INDUSTRIAL ACTION - Answer️️ -Requirements for protected industrial action: 1. Definition of a strike and lock-out - parties should ensure their action complies with the definition of a stroke or lock-out, avoid the inherent limitations in the definitions of both strikes and lock-outs 2. Procedural requirements for the protection of strikes and lock outs in terms of section 64 - parties should comply with the procedure prescribed by the LRA in section 64. 3. Prohibitions or limitations on strikes and lock-outs in terms of section 65 - Parties should ensure that none of the prohibitions against industrial actions as contained in section 65 of the LRA are applicable to their issue in dispute. DEFINITION OF A STRIKE - Answer️️ -A strke is the partial or complete concerted refusal to work, or the retardation or obstruction of work, by people who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 between employer and employee and every reference to work in this definition includes overtime work, whether it is voluntary or compulsory. THREE IMPORTANT COMPONENTS FOR A STRIKE - Answer️️ -1. There must be a refusal to work 2. the refusal must be a concerted action by people 3. the refusal must be for purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between an employer and employee. WHAT IS A REFUSAL - Answer️️ -1. Refusal may be partial(employees perform only some of their duties) 2. complete (employees do not perform any of their duties; or 3. involves the retardation of work (employees work, but at a reduced pace) or 4. obstruction of work (employees disturb production through their actions) WHAT IS WORK - Answer️️ -The refusal to work must be a) in relation to work which employees are contractually obliged to perform and b) not contrary to the law or a collective agreement. CONCERTED ACTION BY PEOPLE EMPLOYED BY THE SAME OR DIFFERENT EMPLOYERS - Answer️️ -Cannot be exercised individually - the action must be 1. concerted 2. by persons 3. constitute collective action. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 TO REMEDY A GRIEVANCE OR RESOLVE AN ISSUE IN DISPUTE IN RESPECT OF A MATTER OF MUTUAL INTEREST BETWEEN EMPLOYER AND EMPLOYEES - Answer️️ -Two issues are important: What should the purpose of the refusal be Against whom must the refusal be directed DEFINITION OF A LOCK-OUT - Answer️️ -Employers have RECOURSE to lock-out in terms of Section 64 of the LRA "Exclusion by an employer of employees from the employer's workplace, for the purpose of compelling the employees to accept a demand in respect of any matter of mutual interest between employer and employee, whether or not the employer breaches those employees' contracts of employment in the course of, or for the purpose of the exclusion. TWO IMPORTANT COMPONENTS OF A LOCK-OUT - Answer️️ -1. The employer must exclude employees form the workplace 2 the exclusion must be for the purpose of compelling employees to accept a demand in respect of any matter of mutual interest between the employer and employees. PROCEDURAL REQUIREMENTS FOR THE PROTECTION OF STRIKES AND LOCK- OUTS IN TERMS OF SECTION 64 - Answer️️ -1 the issue in dispute must be referred for conciliation 2. a certificate of outcome must be issued or 30 days must have gone by before the strike can start ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 3. the prescribed notice must be given to the employer in the case of strike, and to the trade union in the case of a lock-out. ISSUE IN DISPUTE - Answer️️ -Must fall within the definition of a strIke (or lock-out) LRA defines issue in dispute as: "the demand, the grievance, or the dispute that forms the subject matter of the strIke or lock-out" LRA requires that parties must try to resolve the issue. - Dispute must be referred to bargaining council, if no bargaining council exists, the dispute must be referred to the CCMA for conciliation. CERTIFICATE OF OUTCOME - Answer️️ -Bargaining Council or CCMA must attempt to resolve the dispute through conciliation within 30 days of the referral. If no agreement is reached the conciliator must issue a certificate to indicate that the matter has not been resolved. After this (or after 30 days have gone by since referral of the dispute for conciliation) the parties can give notice of the proposed strike or lock-out PRESCRIBED NOTICE - Answer️️ -If conciliation fails or 30 days have passed since referral of the dispute at least 48 HOURS notice must be given of the commencement of the strike or lock-out. if STATE is the employer at least SEVEN DAYS notice must be give. If employer is a member of an employers' organisation notice must be given to the employers' organisation. Notice must be in writing and must be issued 48 hours before commencement of the strike. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 5 EXCEPTIONS TO PROCEDURAL REQUIREMENTS IN TERMS OF SECTION 64(1) - Answer️️ -1. if parties to the dispute are members of a bargaining council and the dispute followed the procedure set by that council's constitution. 2. If parties concluded a collective agreement with prescribed procedures to be followed before they strike or lock out and they have complied with that agreement. 3. if an employer implemented an unprotected lock-out and the employees strike in response to that 4. If a strike takes place after the employer has unilaterally changed the terms and conditions of employment and the employer fails to rectify this despite prior warning 5. if an employer refused to bargain with a union, the dispute must