STRIKE OR LOCK-OUT IN COMPLIANCE WITH LRA

(1) In this Chapter, "protected strike" means a strike that complies withthe provisions of this Chapter and "protected lock-out" means a lock-outthat complies with the provisions of this Chapter.(2) A person does not commit a defect or a breach of contract by takingpart in-(a) a protected strike or a protected lock-out; or(b) any conduct in contemplation or in furtherance of a protected strikeor a protected lock-out.(3) Despite subsection (2), an employer is not obliged to remunerate anemployee for services that the employee does not render during a protectedstrike or a protected lock-out, however-(a) if the employee's remuneration includes payment in kind in respect ofaccommodation, the provision of food and other basic amenities of life,the employer, at the request of the employee, must not discontinue paymentin kind during the strike or lock-out; and(b) after the end of the strike or lock-out, the employer may recover themonetary value of the payment in kind made at the request of the employeeduring the strike or lock-out from the employee by way of civilproceedings instituted in the Labour Court.(4) An employer may not dismiss an employee for participating in aprotected strike or for any conduct in contemplation or in furtherance ofa protected strike.(5) Subsection (4) does not preclude an employer from fairly dismissingan employee in accordance with the provisions of Chapter VIII for a reasonrelated to the employee's conduct during the strike, or for a reason basedon the employer's operational requirements.(6) Civil legal proceedings may not be instituted against any person for-(a) participating in a protected strike or a protected lock-out; or (b) any conduct in contemplation or in furtherance of a protected strike or aprotected lock-out.(7) The failure by a registered trade union or a registered employers'organisation to comply with a provision in its constitution requiring itto conduct a ballot of those of its members in respect of whom it intendsto call a strike or lock-out may not give rise to, or constitute a groundfor, any litigation that will affect the legality of, and the protectionconferred by this section on, the strike or lock-out.(8) The provisions of subsections (2) and (6) do not apply to any act incontemplation or in furtherance of a strike or a lock-out, if that act isan offence.(9) Any act in contemplation or in furtherance of a protected strike or aprotected lock-out that is a contravention of the Basic Conditions ofEmployment Act or the Wage Act does not constitute an offence.