Tuesday, March 6, 2007

PROTECTED STRIKES

In order for a strike to be protected, the strike must take place afterall dispute settlement procedures detailed in the LRA or in any bargainingcouncil or recognition/collective agreement which may exist bet theparties have been exhausted. Shd any member fail to follow the relevantdispute settlement procedure the strike will not be protected and theemployer can seek certain remedies through the act. these remedies includethe employer applying to the labour court for an interdict in order torestrain the union and its members, and applying to the labour court toaward the payment of just and equitable compensation in respect of thestrike. should the members not follow the required procedures inexercising their right to strike, this may constitute a fair reason for dismissal.

No comments: