Introduction
As you may be aware from media reports, the National Union of Metalworkers of South Africa (NUMSA) says it supports the call of a national shutdown which is expected to take place on 1 August 2018.
The march is expected to start in the City of Tshwane and proceed to the Union Buildings. The march is intended to raise awareness about violence and oppression against women and against capitalism.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions such as NUMSA and the NUM 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.
It is important to note that, on this occasion, no such application has been submitted to NEDLAC. Consequently, employees participating in any action on 1 August 2018 will not be protected by the normal rules regarding protected strikes. That means no work, no pay and no disciplinary action.
SEIFSA recommends that Management adopts the following course of action in dealing with any absence from work on 1 August 2018:
- no work and no pay, with the option of taking appropriate disciplinary action being implemented at Management’s discretion;
- a shift for Leave Pay and Leave Enhancement Pay qualification purposes will be lost in respect of the day’s absence; and
- any overtime worked during the course of the week will be paid at ordinary rates to make up for the loss of any ordinary working hours on 1 August 2018.
The Staff of the SEIFSA Industrial Relations and Legal Services Division are available on (011) 298-9400 to provide any further advice and/ or assistance to Management on the contents of this Management Brief.