This is because the definition of "secondary strike" in section 66 includes "conduct in contemplation or furtherance of a strike".
In this case, in order to be protected, the picket must further satisfy the requirements of a lawful secondary strike in terms of section 66 of this Act. This is what is contemplated in section 66 as a "secondary strike". Cases do arise, however, where employees picket at their own place of work in support of a strike between another employer and its employees.
In normal cases, employees picket at their own place of work in support of their strike against their own employer. It may also be to persuade members of the public or other employers and their employees not to do business with the employer. It may be to encourage employees not to work during the strike or lock-out. The purpose of the picket is to peacefully encourage non-striking employees and members of the public to oppose a lock-out or to support strikers involved in a protected strike. The authorisation applies only to its members and its supporters. A copy of the resolution and, if necessary, the formal authorisation ought to be served on the employer before the commencement of the picket. The actual authorisation should be formal and in writing. That means that there must either be a resolution authorising the picket or a resolution permitting a trade union official to authorise a picket in terms of section 69(1). The authorisation must be made in accordance with the trade union's constitution. The lawfulness of that picket or demonstration will depend on compliance with the ordinary laws.Ī picket contemplated in section 69 of this Act must be authorised by a registered trade union. These laws include the common law, municipal by-laws and the Regulation of Gatherings Act, 205 of 1993.Ī picket with purposes other than to demonstrate in support of a protected strike or a lock-out is not protected by this Act. If the picket complies with these four elements then the ordinary laws regulating the right of assembly do not apply. The permission of the employer is subject to overrule by the CCMA, if such permission is unreasonably denied. The picket may only be held in a public place outside the premises of the employer or, with the permission of the employer, inside its premises. The purpose of the picket must be to peacefully demonstrate in support of any protected strike or in opposition to any lock-out Only members and supporters of the trade union may participate in the picket The picket must be authorised by a registered trade union It applies only to pickets held in terms of section 69 of this Act.
LAWFUL STRIKE DEFINITION CODE
This code does not apply to all pickets and demonstrations in which employees and trade unions may engage.
This applies to the Commission, Labour Court, the Labour Appeal Court, and the South African Police Services. This is the effect of section 203 of this Act. But section 69(5)(d) of this Act provides that the Commission must take account of this code of good practice when it establishes picketing rules.Īny person interpreting or applying this Act in respect of any picket must take this code of good practice into account. This code does not impose any legal obligations and the failure to observe it does not by itself render anyone liable in any proceedings. 66 of 1995, seeks to give effect to this right in respect of a picket in support of a protected strike or a lock-out. Section 69 of the Labour Relations Act, No. This constitutional right can only be exercised peacefully and unarmed. Section 17 of the Constitution recognises the right to assemble, to demonstrate, to picket and to present petitions. It is intended to be a guide to those who may be contemplating, organising or taking part in a picket and for those who as employers or employees or members of the general public that may be affected by it. This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out.
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