STAYAWAYS

Stayaways are generally a response to socio political or socio economicissues including the demonstration of solidarity with a political cause ordrawing public attention to a political event or grievance. stayaways donot constitute a strike as defined in the LRA since such action is notbeing used by employees to pressurise the employee to agree to workrelated issues.The LRA allows registered trade unions or federations of trade unions toserve a notice of their intention to participate in protest action topromote or defend the socio economic interests of workers. 7 days noticemust be given of the unions intention to exercise this right.becos of the likelihood of intimidation of workers in the townships toparticipate in stayaways, it is essential for management and unions tohandle the situation with sensitivity. rules to cater for stayaways shouldbe negotiated with employees in advance. the generally accepted approachon the part of management is one of "no work, no pay"members participating in a stayaway do not committ a delict or breach ofcontract by their actions and an employer may not dismiss an employee forparticipating in a protected stayaway unless for a reason based on theoperational requirements of the employer, and after a clear ultimatum hasbeen given