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Unprotected strike action in South Africa

The right to strike is an important element of collective bargaining in South Africa. While protected strike action provides significant protection to employees and employers alike, unprotected strike action does not. Given the potential adverse consequences of engaging in unprotected strike action...

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Main Author: Van Heerden, Andre
Other Authors: Fergus, Emma
Format: Thesis
Language:English
Published: Department of Commercial Law 2020
Subjects:
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access_status_str Open Access
author Van Heerden, Andre
author2 Fergus, Emma
author_browse Fergus, Emma
Van Heerden, Andre
author_facet Fergus, Emma
Van Heerden, Andre
author_sort Van Heerden, Andre
collection Thesis
description The right to strike is an important element of collective bargaining in South Africa. While protected strike action provides significant protection to employees and employers alike, unprotected strike action does not. Given the potential adverse consequences of engaging in unprotected strike action it is important that the delineation between protected and unprotected strike action be made clear to all parties concerned, including employees, employers and trade unions. This involves a discussion of what conduct amounts to strike action in the first instance as well as a discussion of the procedural and substantive requirements which must be satisfied in order to avoid strike action being rendered unprotected. It is the purpose of this dissertation to provide such clarity. In order to do so recent amendments to labour legislation have been taken into account; The Code of Good Practice: Collective Bargaining, Industrial Action and Picketing will also be considered.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:48:36.196Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher Department of Commercial Law
publisherStr Department of Commercial Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/30903 Unprotected strike action in South Africa Van Heerden, Andre Fergus, Emma Rycroft, Alan Labour Law The right to strike is an important element of collective bargaining in South Africa. While protected strike action provides significant protection to employees and employers alike, unprotected strike action does not. Given the potential adverse consequences of engaging in unprotected strike action it is important that the delineation between protected and unprotected strike action be made clear to all parties concerned, including employees, employers and trade unions. This involves a discussion of what conduct amounts to strike action in the first instance as well as a discussion of the procedural and substantive requirements which must be satisfied in order to avoid strike action being rendered unprotected. It is the purpose of this dissertation to provide such clarity. In order to do so recent amendments to labour legislation have been taken into account; The Code of Good Practice: Collective Bargaining, Industrial Action and Picketing will also be considered. 2020-02-07T09:24:40Z 2020-02-07T09:24:40Z 2019 2020-01-24T09:28:50Z Master Thesis Masters LLM http://hdl.handle.net/11427/30903 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Labour Law
Van Heerden, Andre
Unprotected strike action in South Africa
thesis_degree_str Master's
title Unprotected strike action in South Africa
title_full Unprotected strike action in South Africa
title_fullStr Unprotected strike action in South Africa
title_full_unstemmed Unprotected strike action in South Africa
title_short Unprotected strike action in South Africa
title_sort unprotected strike action in south africa
topic Labour Law
url http://hdl.handle.net/11427/30903
work_keys_str_mv AT vanheerdenandre unprotectedstrikeactioninsouthafrica