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Cosatu’s Protest Action for the Western Cape Will Take Place on 19 February 2019

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INTRODUCTION

Management will be aware, from recent media reports, that the Congress of South African Trade Unions (Cosatu) is engaged in protest action around the country in the form of a national strike today.

However, protest action planned for the Western Cape will take place on Tuesday, 19 February 2019. 

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 a federation of trade unions, such as Cosatu, 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 protest action in terms of Section 77 of the LRA is only protected if the issue in dispute has been considered by NEDLAC and the applicant concerned has given to Nedlac 14 days’ notice of its intention to proceed with such protest action. In the absence of these conditions, any protest action would not be protected.

It has been confirmed that Cosatu has filed a Section 77(1)(b) notice with NEDLAC, advising of its intention to participate in a socio-economic strike and the NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA.

Consequently, employees participating in any form of stay-away or protest activity today and on Tuesday, 19 February 2019 will be protected by the normal rules regarding protected protest action to promote or defend the socio-economic interest of workers, namely: no-work, no-pay and no-disciplinary action.

RECOMMENDED MANAGEMENT ACTION

SEIFSA recommends that Management adopts the following course of action in dealing with any stay-away on 19 February 2019:

Inform all workers that any absences related to the protest action will be treated on the following basis:

  • No work, no pay;
  • No disciplinary action;
  • 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 lost ordinary working hours on 19 February

The Staff of SEIFSA’s 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.

NUMSA AND THE CALL FOR A NATIONAL SHUTDOWN ON 1 AUGUST 2018

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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.

NUM AND NUMSA ESKOM

NUM AND NUMSA LUNCH-TIME PICKETS AT ESKOM ON 14 JUNE 2018

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Introduction

As you may be aware from recent media reports, the National Union of Mineworkers (NUM) and the National Union of Metalworkers of South Africa (NUMSA) are preparing for a national day of action in the form of lunch-time pickets at various Eskom sites in protest against Eskom’s 0% wage increase offer.

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 today will not be protected by the normal rules regarding protected strikes, namely 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 today:

  • 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 today.

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.

SAFTU’S INTENDED PROTEST ACTION ON 25 APRIL 2018

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Introduction

As Management may be aware from recent media reports, the South African Federation of Trade Unions (SAFTU) – of which NUMSA is a member –  is preparing for a national day of action in the form of a general strike on 25 April 2018 in protest against the introduction of the labour law amendments and the national minimum wage.

This Management Brief provides some basic background to the issue and guidance to Management in dealing with the planned protest action.

Protest Action and the Labour Relations Act

The Labour Relations Act (LRA) permits registered trade unions or federations such as SAFTU 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 whilst SAFTU’s application to the Section 77 Sub-Committee of NEDLAC was unsuccessful, three trade unions affiliated to SAFTU (i.e. NUPSAW, ICTU and Salipswu) made a similar Section 77 application to NEDLAC some time ago for strike action on 12 and 25 April 2018.

This application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee determined the notice to be compliant with the administrative requirements of the LRA. Consequently, employees participating in any action on 12 and 25 April 2018 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action.

The action on 12 April seems to be limited to the Western Cape, with the rest of the country potentially likely to be affected on 25 April 2018.

Since the three trade unions referred to above are affiliated to SAFTU, this opens the way for other SAFTU-affiliated trade unions –  such as NUMSA –  to piggyback on the protected action.

Consequently, employees participating in any action on the 12th and the 25th of April will be protected by the normal rules regarding protected strike action, namely: no-work-no-pay and no disciplinary action.

Management Guidelines on Possible Absenteeism on Thursday, 12 and Wednesday, 25 April 2018

SEIFSA recommends that Management adopts the following course of action in dealing with any stay-away from work on the 12th and the 25th of April:

  • Inform all workers that any absences related to the protest action will be treated on the following basis:
  • no work, no pay and no disciplinary action;
  • 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 lost ordinary working hours from Thursday, the 12th and Wednesday, the 25th of April 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.

AMCU’S INTENDED PROTEST ACTION ON 20 MARCH 2018

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Introduction

As you may be aware from recent media reports, the Association of Mineworkers and Construction Union (AMCU) is preparing for a protest action in the form of a one-day national strike on Tuesday, 20 March 2018.

This Management Brief provides some basic background to the issue and guidance on dealing with the intended protest action

Background to the AMCU Stay-Away

On 29 August 2017 AMCU submitted a Section 77 (1)(b) notice confirming its intention to proceed with a socio-economic protest strike action “due to the failure of the Department of Mineral Resources to ensure the socio-economic welfare of workers through proper regulation and enforcement.”

AMCU has subsequently given notice to NEDLAC in terms of Section 77 (1)(d) of the Labour Relations Act, that they will embark on a nationwide protest action on 20 March 2018.

Protest Action and the Labour Relations Act

The Labour Relations Act (LRA) permits trade unions such as AMCU 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 Labour Relations Act 66 of 1995.

It is important to note that protest action in terms of Section 77 of the LRA is only legal or protected if the issue in dispute has been considered or finalised by NEDLAC and the union or federation (in this case AMCU) has given 14 days’ notice to NEDLAC of its intention to proceed with such protest action. In the absence of these conditions, any protest action would not be protected.

The NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA.

Consequently, AMCU members participating in any action on 20 March 2018 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action.

Management Guidelines on Possible Absenteeism on Tuesday, 20 March 2018

SEIFSA recommends that management adopt the following course of action in dealing with any stay-away from work on 20 March 2018:

  • Inform workers (i.e. members of AMCU) that any absences related to the protest action will be treated on the following basis:
  • no work, no pay;
  • 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 lost ordinary working hours from Tuesday, 20 March 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.

Seifsa must get recognition it deserves – Business Report

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April 26 2015 at 12:15pm
By Banele Ginindza Comment on this story

Kaizer Nyatsumba is the chief executive of the Steel and Engineering Industries Federation of Southern Africa.
Johannesburg – The Steel and Engineering Industries Federation of Southern Africa (Seifsa), the body at the centre of South Africa’s perhaps most overlooked but no less important steel and engineering sector, has decided to sit up and be noticed as an essential role player that must be afforded the opportunity to show its worth.

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