24/04/2018
NATIONAL PROTEST - 25 APRIL 2018
By Cowen-Harper Attorneys
The Unions NUPSAW, ICTU and SALIPSWU have given notice that they intend to engage in a protest on 25 April 2018 after having had their section 77 notice in terms of the Labour Relations Act 66 of 1995, as amended (“the LRA”) approved by NEDLAC.
Save where employees are engaged in an essential or a maintenance service they are entitled to take part in the protest.
A protest in terms of the LRA is protected and hence the employer may neither discipline nor dismiss an employee who has elected to take part in the protest.
As a protest is similar to a protected strike, employees are entitled to individually decide whether they wish to take part in the protest or not.
The employer can however enter into negotiations with the employees or their Unions in order to limit the impact on productivity and hence could reach agreement that a limited number of employees should partake in the protest.
All employees who intend to participate should comply with the leave procedure of the employer beforehand and the rule of “no work no pay” normally applies to the absences.
Should any employee engage in misconduct during his/her participation in the protest, the employer can implement disciplinary measures against that person.
It is to be regretted that the economy is to be brought to a standstill in these difficult times when other avenues are available to deal with these problems.
