Effective collective bargaining and the legality of industrial action remain central to South Africa’s labour law framework. The right to strike is constitutionally protected, yet it is bound by statutory requirements that determine whether employees, unions, and employers are acting within the law. Understanding this distinction is crucial, as it directly shapes the risks, remedies, and responsibilities of all parties involved in workplace disputes.
When a strike is protected, employees may exercise their rights without fear of dismissal, while employers are obliged to respond through negotiation rather than coercion. By contrast, unprotected action exposes workers to dismissal, unions to potential liability, and employers to the opportunity to secure interdicts, damages, or other legal relief. This boundary line is what determines whether collective bargaining becomes a structured negotiation or an escalating conflict.
Join Adv Dwight Synman on 25 September 2025, from 13h00 to 14h30, for an insightful exploration of the legal principles, risks, and practical strategies that define collective bargaining and industrial action in South Africa.
Attending this webinar will equip you with the following skills:
Understand the constitutional and statutory framework that governs collective bargaining and the right to strike in South Africa.
Learn the legal requirements for a protected strike, the consequences of unprotected action, and why this distinction is critical for both employers and employees.
Gain practical knowledge of the dispute resolution process, from conciliation to arbitration, and the strategic options available to both sides during industrial action.
Become familiar with recent cases and real-world examples that illustrate how the courts interpret and enforce collective bargaining rights and strike procedures.
Leave with a balanced understanding of how lawful collective bargaining can be a constructive tool for employees to assert rights and for employers to manage disputes without escalating risk or liability.
The webinar will cover the following topics:
Legal Foundations
Section 23 of the Constitution (Labour rights, right to strike)
Labour Relations Act 66 of 1995 (framework provisions)
Collective Bargaining Structures
Bargaining councils and statutory councils
Organisational rights of trade unions (access, stop-orders, shop stewards)
Duty to bargain and recognition agreements (briefly, as context)
Industrial Action
Definition and scope (strikes, secondary strikes, protest action, picketing)
Procedural requirements for protected strikes (referral, conciliation, strike notice)
Lock-out as employer counterpart
Protected vs Unprotected Strikes
Legal consequences for employees and unions
Employer remedies: interdicts, dismissal, damages
Essential Services & Limitations
Prohibition of strikes in essential services
Alternatives: arbitration and dispute resolution
Current Case Law & Practical Considerations
Key judgments shaping strike law
Practical strategies for lawful bargaining and risk management
Adv. Dwight Snyman is an admitted member of the Johannesburg Society of Advocates and is accredited by the Legal Practitioners Council as an Advocate of the High Court of South Africa. Adv. Snyman completed articles of clerkship, and attorney’s competency exams under the auspices of the Wits Law Clinic. He completed his Advocacy pupillage under the tutelage of the esteemed Adv. Louis Du Bruyn.
Adv. Snyman has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings and assorted other venues and forums, and has become possessed of practical litigation experience beyond what would normally be expected from a practitioner of his age and seniority. He is the holder of a degree in Politics, Philosophy and Economics (PPE) from the University of Cape Town, and postgraduate Bachelor of Laws (LLB) from the University of the Witwatersrand, for which he was accorded the honour of being on the Dean’s list for his academic performance.
The following persons will benefit from attending this webinar:
Advocates.
Attorneys.
Estates administrators.
Corporate Legal Professionals.
Legal Academic.
Candidate attorneys.
Law Students.
Paralegals.
R 400.00 - Online admission - Individual.
Group Price 1 - From R337 per person (up to 5 users)
Group Price 2 - From R260 per person (up to 10 users)
Group Price 3 - From R224 per person (over 11 users)
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By attending this webinar you will be provided with:
A summarised slide presentation.
Reference documents and/ or course material where available.
You can ask questions during the webinar and you will also have access to the presenter after the webinar.
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