Dear Reader

These are just three of the headlines from the news dominating the media at the moment – the strike! In fact, it’s dominating the entire country – what with striking nurses, widespread intimidation, empty schools...

I for one am very happy I’m not the person in Government who has to negotiate and make the decisions about the wages. There is sympathy for both sides, from all areas, so let’s hope there’s a speedy resolution.

You might not be dealing with hundreds of thousands of striking employees in your own work, but you can be sure you’ll have to deal with a strike some time. You can’t deny your employees their constitutional right to strike, but you can know what rules they must follow.

So, yes your workers can strike…but you can discipline them if they do it illegally or commit misconduct.

Let’s have a look at what this entails…

4 instances when employees CAN’T strike

If they’re bound by a collective agreement that prohibits a strike about the issue in dispute.
For example, if a collective agreement states a wage increase of 10% for year one, the union can’t demand an increase of 11% for year one.

If they’re bound by an agreement that requires the issue in dispute to be referred to arbitration.
If a party has the right to refer the issue in dispute to arbitration or the Labour Court. For example, if you’ve dismissed an employee, his fellow employees can’t go on strike and demand you reinstate him.

If that person is engaged in an essential service or a maintenance service (Section 65).

4 Tips on how to control strike action

• When a union has given notice of intention to strike, employees sometimes ready themselves for the strike by asking non-union members to join in the strike. Unfortunately, this often takes the form of intimidation. Advise the union that it must ensure that non-union members aren’t intimidated as soon as notice of intention to strike has been given. It’s the union’s responsibility to control its members.
• Place a notice on notice boards advising employee that you’re adopting a zero tolerance approach towards intimidation. Advise employees that any employee who intimidates another employee will be disciplined and if found guilty, may be dismissed.
• It is difficult to prove intimidation as the only witness who can give evidence that they were intimidated is the employee who’s been intimidated, and he doesn’t want to give evidence in an enquiry.
• You also can’t tolerate misconduct such as violence and verbal abuse during a strike. You must advise the union and its members in no uncertain terms that any employee who engages in any acts of misconduct will be disciplined and, if guilty, may be dismissed.

These are just a few tips to manage how your employees behave if they do go on strike. You’ll need to be prepared – strike season is here!  If you’re a subscriber to Labour Law for Managers, I strongly suggest you have a look at chapter S02 in your binder to get all the advice you need on how to discipline for misconduct relating to strike activity, more tips on managing strikes and advice on how to prevent them.

If you’re not yet a subscriber…have a look here for how you can get useful, practical expert advice to deal with striking employees – legally!

Until next time

Sarah-Jane Bosch
Managing Editor

P.S. We’ve had a fantastic response to our EE Workshop and I look forward to meeting you there. If you’ve registered, but haven’t received a confirmation email, please email tracyking@fsp.co.za or call Tracy on 011-699 6533 just to confirm – I wouldn’t want there to be any problems.

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