Back to: Introduction to the Labour Relations Act (LRA)
4.2 Conduct during Strikes and Lockouts
During a strike or lockout, both employees and employers must adhere to certain conduct to ensure the actions are lawful and do not escalate into violence or damage. The Labour Relations Act sets out specific guidelines for such conduct.
Firstly, employees participating in a lawful strike are protected from dismissal. An employer may not dismiss an employee for participating in a protected strike, provided that the strike complies with the requirements set out in the Act. However, employees who participate in an unprotected strike may be dismissed, provided the dismissal is substantively and procedurally fair.
Employers are prohibited from hiring replacement labour to perform the work of employees who are on a protected strike, except in the case of essential services or maintenance services. This restriction is intended to encourage employers to engage in meaningful negotiations to resolve the dispute rather than undermining the strike by hiring replacement workers.
Picketing is allowed during a strike or lockout, but it must be peaceful and unarmed. The purpose of picketing is to peacefully demonstrate support for the strike or lockout and to persuade others to support the industrial action. Picketing must be conducted in a manner that does not infringe on the rights of others, such as obstructing access to the workplace or engaging in intimidation or violence.
The Act also makes provision for the establishment of picketing rules through agreement between the employer and the trade union, or if they cannot agree, the CCMA may establish such rules. These rules are designed to ensure that picketing is conducted in a manner that respects the rights of all parties involved and maintains public order.