Collective Bargaining and Industrial Action
Presenters : Dwight Snyman
Overview
Effective collective bargaining and the regulation of industrial action are central pillars of South Africa’s labour law framework. A protected strike allows employees to assert their rights without fear of dismissal, obliges employers to engage through negotiation rather than coercion and preserves the legitimacy of the process. Conversely, unprotected action exposes employees to dismissal, unions to potential liability and enables employers to seek interdicts, damages or other legal remedies.
Join Adv Dwight Synman for an insightful exploration of the legal principles, risks and practical strategies that define collective bargaining and industrial action in South Africa.
Learning objectives
Attending this webinar will equip you with the following skills:
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Understand the constitutional and statutory framework that governs collective bargaining and the right to strike in South Africa.
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Learn the legal requirements for a protected strike, the consequences of unprotected action and why this distinction is critical for both employers and employees.
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Gain practical knowledge of the dispute resolution process, from conciliation to arbitration, and the strategic options available to both sides during industrial action.
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Become familiar with recent cases and real-world examples that illustrate how the courts interpret and enforce collective bargaining rights and strike procedures.
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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.
Content
The webinar will cover the following topics:
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Legal Foundations
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Section 23 of the Constitution (Labour rights, right to strike)
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Labour Relations Act 66 of 1995 (framework provisions)
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Collective Bargaining Structures
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Bargaining councils and statutory councils
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Organisational rights of trade unions (access, stop-orders, shop stewards)
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Duty to bargain and recognition agreements (briefly, as context)
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Industrial Action
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Definition and scope (strikes, secondary strikes, protest action, picketing)
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Procedural requirements for protected strikes (referral, conciliation, strike notice)
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Lock-out as employer counterpart
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Protected vs Unprotected Strikes
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Legal consequences for employees and unions
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Employer remedies: interdicts, dismissal, damages
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Essential Services & Limitations
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Prohibition of strikes in essential services
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Alternatives: arbitration and dispute resolution
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Current Case Law & Practical Considerations
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Key judgments shaping strike law
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Practical strategies for lawful bargaining and risk management
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