Strikes are a common occurrence in South Africa, they tend to strike fear into the hearts of all employers and we have no doubt that the upcoming plastic workers strike NUMSA is organizing is doing the same.
The planned NUMSA plastic workers strike is an unprotected strike. Thus should employees embark on a strike, the strike will be unprotected and disciplinary action can be taken.
The illegality of the strike is because there is an existing applicable Main Agreement in the PNF regarding conditions of services and wages and therefore it is an issue on which they cannot strike.
The Plastics Convertors Association of South Africa (PCA) has applied for a court interdict to stop the nationwide strike that is currently underway. The matter will appear in the Labour Court on the 17th of October 2018.
An unprotected strike is when the procedure set out in section 64 of the Labour Relations Act was not followed, the employees as a result are not protected against disciplinary action and the employer has the following recourse:
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No work no pay principal applies
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Issue Ultimatums to employees to return to work, if this does not work disciplinary steps may be taken.
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Please contact LABOURNET Helpdesk or your allocated consultant for assistance to ensure the correct procedure is being followed.
For more information on the above topic, please contact the LabourNet Helpdesk at
0861 LABNET (0861 522638).
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