INTRODUCTION
Management will be aware, from recent media reports, that Sasbo (SA Society of Bank Officials) and Cosatu were in the process of preparing for a protest action in the form of a national strike on Friday, 27 September 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
Finance union Sasbo, an affiliate of Cosatu, has been quoted in various media reports as saying it would stage a nationwide strike on 27 September over planned, large-scale job losses in the financial services sector and the move to digitalisation. The Labour Relations Act (LRA) permits registered trade unions or a federation of trade unions to undertake protected protest action to promote workers’ social and economic
interests, provided that they observe the procedural requirements contained in Section 77 of the LRA.
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 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.
BUSA approached the Labour Court on Wednesday, 25 September in a bid to interdict Sasbo and Cosatu from embarking on the planned shutdown on Friday.
Judge Hilary Rabkin-Naicker ruled that Cosatu and its affiliate, Sasbo, had failed to comply with the provisions in Section 77 of the LRA that allow for the strike to be protected. Therefore, any person who takes part in the intended action will not enjoy the protections afforded by Section 67 of the LRA.
Consequently, Cosatu and Sasbo are interdicted from encouraging and/or enticing employees to engage in the intended protest action, unless and until such time that they have complied with section 77 of the LRA. The proposed protest action is unlawful and in breach of Section 77 of the LRA.
As a result, employees participating in any form of stay-away or protest activity on 27 September will not 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 27 September 2019:
- Inform all workers that any absences related to the protest action will be treated on
the following basis: - No work, no pay;
- Management reserves the right to take appropriate 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 27 September
2019.
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.