Please note that the Federation of Unions of South Africa (FEDUSA), alongside its affiliated union, the United National Transport Union (UNTU), has served NEDLAC with a notice of intention to embark on a protest action on Friday, 26 July 2019 against the Passenger Rail Agency South Africa (PRASA) leadership’s alleged lack of competency.
This is pursuant to a Section 77(1)(b) notice that the Federation submitted to NEDLAC on 17 January 2019.
Following several meetings between the Applicant and the Respondents, the Standing Committee deemed the notice to have been considered. This effectively entitled the Applicant (FEDUSA) to the right to embark on a protected protest action. A copy of the NEDLAC certificate is attached hereto.
The protest action is planned to take place in Johannesburg, Pretoria, Durban and Cape Town. As a result, employees who are absent from work due to participation in the protest action cannot be disciplined by the employer. However, the no-work-no pay principle will apply.
This Management Brief provides some basic background to the issue and guidance to management in dealing with the intended protest action.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions or federations such as FEDUSA to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the LRA. Consequently, employees participating in any action on 26 July 2019 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action.
Please also be aware that this action by FEDUSA opens the way for other trade unions and their members to piggyback on the protected action. As a result, employees participating in any action on 26 July will be protected by the above-mentioned normal rules regarding protected strike action.
Available for Help
The Staff of SEIFSA’s Industrial Relations and Legal Services Division is available on (011) 298-9400 to provide any further advice and/ or assistance to management on the contents of this Management Brief.