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Industrial Relations

When is the right to strike not the right to strike?

On the eve of the annual strike season, the Labour Appeal Court, in the matter of Chamber of Mines of South Africa and Others v AMCU and Others was once again called upon to consider the complex issues which arise in the context of the right to strike. The dispute - which initially came before the Labour Court - took the form of an urgent application brought by the Chamber of Mines seeking to declare strike action, called by the Association of Mine and Construction Union (Amcu) in the gold mining industry, unprotected.


Always oppose a rescission application

An arbitration award is normally a win-lose decision. Whichever way the decision goes, one party is always going to be considering how to get the order set aside. There are two ways you can do this: via a labour court review or a rescission application.


How can we stop the current labour unrest?

Labour unrest

After the platinum industry's main trade union served notice of its intention to strike on the world's top three platinum producers, on Monday 20 January finance minister Pravin Gordhan said that the South African economy can’t afford more labour unrest. Now - a month later - the situation still hasn’t improved with labour unrest in the sector still rife. What is the solution?


Which trade unions are allowed to represent employees at the CCMA?

According to s200(2) of the Labour Relations Act, No 66 of 1995 (LRA), an employee may be represented by an official from his trade union during proceedings at the CCMA.  However, what if that employee isn’t a valid member of his union?


What are trade unions’ rights under the Companies Act?

When we think of labour legislation, the Companies Act is not the first law that comes to mind. However, it’s dangerous for employers to disregard this statute because it grants significant additional rights to trade unions. For instance, section 20(4) allows any trade union to approach the High Court for an order restraining the employer from doing anything inconsistent with the Companies Act. Be warned, though, that the act contains 225 different sections where employers’ lesser-known obligations may lurk – here are six areas that you need to be aware of…