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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Define a strike |
-temporary collective withholding of Labour -partial / complete refusal to work Objective is to stop/delay continuation of business & to force employer to take note of the demand of employees |
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What the difference between protected & unprotected strikes? |
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Discuss the requirements for a protected strike |
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Discuss the consequences of a protected strike |
-employees may not be dismissed for going on strike BUT may be dismissed for misconduct or operational reasons -employers may not get a court interdict to stop strike BUT could apply for 1 to prevent unlawful action -employees don't commit a breach of contract by going on strike -employer may not institute civil cases against employee strike -employer doest have to pay an employee on strike -employer may not refuse housing / food if it's part of wages (he can claim later) |
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Discuss consequences of unprotected strike |
Interdict: Labour Court may grant to restrain anybody from participating. Failure to comply can lead to ordering just & equitable compensation. Compensation: Labour Court may order payment for any loss attributable to strike. Must consider: -whether attempts were made to comply with sec64 -whether strike was premeditated -whether strike was in response to unjustified conduct by other party to dispute -duration of strike -financial position of employer, TU or employees Dismissal: Participation in unprotected strike may be fair reason for dismissal. Provisions of Code of Good Practice dealing with dismissals must be taken into account. Participation doesn't necessarily justify dismissal. Dismissal must be substantively & procedurally fair. |
Interdict Compensation Dismissal of strikers |
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Discuss the costs of strikes (public & private) |
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Name and define 10 types of strikes |
General Recognition Rotating Economic Expected Wildcat Sympathy Solidarity Strategic Sit-in |
GREWS |
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Define picketing |
-peacefully method to publicise strikers actions -encourages others to join -in front / at entrance -outside premises / public has access -on premises WITH permission |
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What is the purpose of picketing? |
-to persuade other workers -to persuade suppliers & customers not to enter / discourage them to deal with employer -inform public & other unions that labour dispute is in progress -to block facility that plant can't operate during dispute |
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Define Go-slow actions |
-withholding labour -affects production without stopping operations -same effect as strike -brings dissatisfaction of work force to management |
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Advantages of Go-slow actions |
-employees don't lose wages easily -more difficult for managers to take action against workers -if production can be accurately measured, then wages may be decreased for below average production -can't be replaced by temporary workers |
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Define boycott |
-aimed at consumers -action wants to stop consumers from buying a product / using a service -action of last resort -other industrial action has failed -employees have been dismissed because of industrial action |
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What is the aim of boycott |
-put pressure on employer with direct action being taken -punish employer for past actions -force employer to return the status quo that existed before employees were dismissed / had action against them -put pressure on employer without action being taken by the employees |
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Discuss a lock-out |
-employer has the right to lock-out -lock-out is when employer tempor withholds work -temporary closing of plant for duration of negotiation -employers equivalent of strike -used by employer to try & force employees to agree to demands / proposed settlements -LESS frequent than strikes because employers are more reactive than proactive & Employers have more to lose with closing down -state of confusion (strike or lock-out) -lock-out in reaction to protest -LRA protects strikes & lock-outs -Constitution only protects strikes |
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Requirements for a lock-out |
-follow CA containing dispute resolution procedure -follow councils constitution procedures -follow LRA procedures if none of above -refer issue to CCMA / bargaining / statutory council in writing -CCMA must try to settle dispute by conciliation within 30 days -if not CCMA / council must issue certificate saying dispute wasn't resolved -employee must get at least 48 hours notice in writing of proposed lock-out -employer may then lock-out |
Same as protected strike |
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Police don't have the following rights |
-they have no role to play in I district action -they may not act on behalf of management to disperse strikers or force employees to go to work |
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Police have the follow rights |
-to protect public interest -to act if strike causes public disturbance -to act if strike causes physical threat to any person -they have the same duty they have to general public |
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Discuss intimidation during strikes |
-should be treated as criminal offense -strike depends on solidarity -can persuade other workers to join strike through verbal persuasion / verbal threats / physical threats -management can intimidate workers NOT to strike -freedom of association and dissociation is a right |
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