While the right to strike, picket or take part in industrial action was bestowed by the Constitution on everyone, this right comes with responsibilities and the Minister of Labour has urged unions and workers in general not to abuse it.
Minister Mildred Oliphant says the government is worried at the proliferation of industrial action that is not in keeping with labour laws and may result in upsetting the already fragile economic outlook. Most of the time, this action is accompanied by intimidation, violence and extensive damage to property.
“Every employee has the right to strike and this right is enshrined in our Constitution, the Supreme Law of the Land. The protection of the right to strike is a necessary and useful right in pursuit of sound Industrial relations in general and industrial peace and stability in particular.
“All that the employees have to do to exercise this right is to comply with the provisions of the Labour Relations. This means that they cannot be fired for striking, sued for damages, nor will they be regarded as having breached their contract of employment. In addition, a trade union can authorise striking workers to picket in support of the strike – and they will still enjoy the protection of the law. Strikers therefore have the right in Law, to demonstrate their plight to the general public and to workers who are not keen to join them in their strike.
“There is therefore no justification for the recent wave of unprocedural strikes when the legal requirements are so clear and straight forward. It is therefore concerning that we have seen a recent wave of unprocedural strikes, accompanied by unlawful behaviour which falls outside of what the drafters of our Constitution and the Labour Relations Act (LRA) contemplated. There can be no justification for the distasteful events that the country witnessed in the mining industry recently.
There can be no debate that strike, protest action and picket action must be peaceful and those who choose to participate must act lawfully. There can be no excuse for lawlessness.
“Acts of violence, intimidation and damage to property and any other forms of lawlessness has no place in the industrial relations and must be condemned in the strongest terms possible,” said Oliphant.
She further called on all trade union leaders and workers to act responsibly and observe the prescripts of all the Laws of the land when contemplating embarking on a strike or protest action.
“Trade union leaders must make sure their members are made fully aware, not only of their rights when striking, but also their obligations. In addition, to make sure that in the process of exercising this right does not violate other citizens’ rights.
“Government has also taken note of a number of economic and academic commentators who have taken a broad swipe at it for what they call lack of effective intervention without providing details of what they are proposing should be done. Government through the Labour Relations Act has set up a number of institutions that are responsible for various labour market related issues.
For government to simply jump in on labour market operational issues carries the risk of undermining the role of the very institutions that it has set up.
“I must also remind all the social partners in the Labour Relations world of work that it is undesirable to involve police in the industrial disputes, but if workers and or participants engage in unlawful acts during protest action, that in itself will be an invitation for the police and other law enforcement agencies to become involved. The law enforcement institutions including the South African Police Services must step in to deal with lawlessness.”
For more information, contact:
Musa Zondi
Cell: 082 901 8081
There is no place for lawlessness in industrial relations, says Labour Minister
