Strikes can be prevented through private arbitration
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BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.. Go to: www.labourlawadvice.co.za.
The far reaching effects of prolonged strikes raise the question of how strikes can be prevented. The consequences of strikes can include:
- The employer’s loss of clients
- Financial losses for businesses
- Closure of businesses
- Industrial sabotage
- Loss of pay and financial hardship for employees
- Dismissals
- Court cases
- Reinstatement orders
- Strike interdicts
- Picketing
- blockades
- Violence and death
- Damage to the national economy if the strikes are widespread and/or last a long time
- Reduction in investor confidence
- A negative relationship between employer and employees/unions once the strike is over.
However, preventing strikes is difficult because the Labour Relations Act (LRA) gives employees the right to strike. While this effectively prevents employers from imposing outright bans on strikes the LRA itself limits the right to strike. Section 65(1) of the LRA states that “No person may take part in a strike or a lock-out or in any conduct in contemplation of a strike or lock-out if –
