Strikes / Lock-outs
The Labour Relations Act as read together with the Basic Conditions of Employment Act has created an environment for discussion between employers and employees. In larger workplaces employees are ordinarily represented by a trade union.
If the employers and employees cannot reach agreement and the discussion brakes down,with regards to matters of mutual interest which most usually include increases in salary and wages , then the employees are entitled to embark on a protected strike. Provided that they have followed the correct procedure.There is a vast amount of case law regarding when a strike is protected and what remedies the parties are entitled to. For instance an employer may be entitled to a protected lock- out. Certain formalities must be complied with before either party embarks on a strike or a lock- out . The CCMA can also be used to intervene and to bring the parties nearer together.
At Malcolm Lyons & Brivik Inc. we have assisted both employers and employees in the course of a strike action.
We have brought numerous urgent applications to the Labour Court interdicting strikes.Strikes and lock-outs are an invaluable component of a dialogue between employers and employees.
Should you wish to contact Malcolm Lyons & Brivik Attorneys Inc. to assist in any strikes/lock-outs or unfair dismissal please contact us on:
Cape Town, Western Cape:
0861 MLB INC / (021) 425-5570
0861 MLB INC / (011) 268-669
With offices and representatives country wide from Cape Town and Johannesburg we are able to represent clients throughout South Africa.