Dear Reader

Prepare yourself for protest action by SACCAWU

If you’re in the wholesale, retail or hospitality sector this will affect you!

On 8 February 2010 the South Africa Commercial, Catering and Allied Workers Union (SACCAWU) delivered to NEDLAC a notice of proposed socio-economic protest action (in terms of Section 77 of the LRA).

SACCAWU proposes its member march to large banks, property and asset owning companies, national employers and government departments, to support demands relating to the sectors in which it operates.

What is SACCAWU demanding?

•  Organisational rights aimed at bolstering the union’s campaign for centralised bargaining in its sectors. It wants a Code of Good Practice that properly defines “a workplace” and clarifies what constitutes a sufficiently representative trade union for each organisational right.

 

• That the Department of Labour amends the LRA to stop employers using replacement labour when employees are on a protected strike and/or lock-out. Currently this is only the case when the employer embarks on an offensive lockout. This change would mean a significant shift in the current power relationship, and give employees more power. If this changed, you’d find it very difficult to operate at all during a strike!

 

• It also demanded that the LRA be amended to provide for an automatic right to picket inside the employer’s premises! This could have severe consequences for employers in the sector. It could prevent non-striking employees from working and increase levels of intimidation and violence.  It could also result in significantly increased levels of theft and stock control issues and vandalism during strikes.

All of this could make it challenging for you to continue running your business during a strike

The impact of the demands is huge

If you’re an employer in one of these sectors you must decide on how you’re going to respond SACCAWU’s demands.

Consider engaging your trade unions in advance on these four issues:

• Ask them to give you notice before they intend to start protest action
• Request information on the nature and form the intended protest action will take
• How long they anticipate the protect action to go on for
• Any steps you can reasonably take to avoid or limit the harmful effect of the protest action

The effect of this action could be greater if it takes place during the 2010 Football World Cup. Be prepared! If you’re in doubt as to what to do, take legal advice!

Until next month...

Susan Stelzner

Editor-in-chief
Labour Law for Managers Practical Handbook