Strikes and the Law

CHAPTER_1 - Constitutional and International Law

1.1 - Historical context

1.2 - Justifications for the right to strike

1.3 - International law

1.4 - Use of the ILO observations and decisions by courts

1.5 - Constitutional law

1.6 - Approach to limitations on the right to strike

CHAPTER_2 - The socio-economic dimension of strikes

2.1 - Introduction

2.2 - Strike statistics: what can we learn?

2.3 - The prevalence of violence

2.4 - Unemployment, poverty and inequality

2.5 - Poverty and strike action

2.6 - The ANC's economic transformation agenda

2.7 - Structural drivers of unemployment, inequality and poverty

2.8 - The changing world of work

2.9 - Collective bargaining

2.10 - Conclusion

CHAPTER_3 - Protected strikes

3.1 - Introduction

3.2 - Definition of strike

3.3 - Requirements for protected strikes

3.4 - When statutory procedures may be dispensed with

3.5 - Consequences of a protected strike

3.6 - Replacement labour

3.7 - Are the current strike provisions effective?

3.8 - Interrogating the LRA's strike provisions

3.9 - What is the way forward?

CHAPTER_4 - Secondary strikes

4.1 - Introduction

4.2 - The context

4.3 - The international context

4.4 - The definition of secondary strike in South Africa

4.5 - Implementation of the law

4.6 - Procedural requirements

4.7 - Conclusion

CHAPTER_5 - Essential services

5.1 - Introduction

5.2 - Restrictions on the right to strike

5.3 - Designation of essential services

5.4 - The Essential Services Committee (ESC)

5.5 - Minimum services

5.6 - Maintenance services

5.7 - Conclusions

CHAPTER_6 - Unprotected strikes, interdicts and other remedies

6.1 - Introduction

6.2 - The scheme of the law

6.3 - Substantive limitations

6.4 - The consequences of unprotected strike action

6.5 - Implementation and enforcement of the law

6.6 - Can a protected strike become unprotected?

6.7 - A concluding view from the bench

CHAPTER_7 - Lock-outs

7.1 - Introduction

7.2 - Recourse to lock-out versus right to strike

7.3 - Definition of lock-out

7.4 - Prohibited demands

7.5 - Procedural requirements

7.6 - Circumstances when the statutory procedures may be dispensed with

7.7 - Locking out non-strikers in response to a strike

7.8 - Consequences of a protected lock-out

7.9 - Consequences of an unprotected lock-out

7.10 - Replacement labour

7.11 - Conclusion

CHAPTER_8 - Pickets, socio-economic protest action, gatherings and demonstrations

8.1 - Introduction

8.2 - Pickets

8.3 - Socio-economic protest action

8.4 - Demonstrations

8.5 - Unprotected and violent pickets, demonstrations and gatherings and socio-economic protests

8.6 - Conclusion

CHAPTER_9 - Dismissals

9.1 - Introduction

9.2 - International law

9.3 - From common law to constitutional protection

9.4 - Dismissal for misconduct during a protected strike, picket or protest action

9.5 - Dismissal for operational requirements arising out of a protected strike

9.6 - Dismissals to compel employees to accept changes to terms and conditions of employment

9.7 - Dismissal for participation in unprotected strike action

9.8 - Conclusion

Bibliography

Table of Cases

Table of Statutes

Index