The proposed labour law legislative amendments will see ballots being re-introduced as a requirement prior to trade unions embarking on strike action, a meeting was told in Emalahleni, Mpumalanga, on Thursday.
The meeting formed part of the public briefings by the Department of Labour on the labour law amendments.
Ian Macun, director responsible for collective bargaining in the department, told scores of stakeholders from business, organised labour, government and civil society organisations present that a majority of those who voted would be required to support the strike through a ballot before the Commission for Conciliation, Mediation and Arbitration (CCMA) can issue a certificate.
“We also wish to state that conduct by workers in breach of picketing rules will not enjoy the protection against civil proceedings. Equally, breach by employers may lead to the suspension of the use of replacement labour, often referred to as scab labour,’’ he said.
Macun said the section dealing with picketing rules would be amended to improve the regulation of picketing by making rules binding on third parties such as landlords of shopping malls where many employers may be affected.
He said another legislative amendment relating to collective bargaining could see the labour court ordering that an administrator be appointed to run the affairs of a trade union or employer’s organisation if the institution is not functioning in line with the requirements of the Labour Relations Act pertaining to accountability.
“In the section in which I work we have had cases where on a Monday morning three union officials tell the Registrar of Labour Relations that they have dismissed other office bearer due to mismanagement of funds and that they should be appointed the legal officials only to see the following day those allegedly fired office bearers coming to the Registrar and saying they have fired those who came the previous day,’’ he said.
He said there have been cases of misuse of union funds, citing a case in KwaZulu-Natal where officials went on a team building in Mauritius without members’ authorisation.
Enquiries:
Tony Mphahlele
Cell: 079-986-9850
Strike ballots to make a come back – DoL
