In what circumstances would an employer resort to locking out employees?
A lock-out takes place in response to a strike or to force the employees to accept a demand of the employer. The demand must relate to disputes of mutual interest. The demand of the employer can be, for example, to force the employees to accept changes to their terms and conditions of employment.
What are the procedures for a protected strike?
Strike notice A written notice stipulating the commencement of the strike must be issued to the employer at least 48 hours before the strike commences All employees of an employer may associate themselves with a protected strike, even if they are not members of the trade union initiating the dispute and declaring the …
What is the difference between protected strike and unprotected strike?
While protected strike action provides significant protection to employees and employers alike, unprotected strike action does not.
Can an employer change your contract South Africa?
Under the common law, an employer is not permitted unilaterally to change the terms of an employment contract with an employee, and if it does so without agreement the employee would have the right to either abandon the contract or to sue for damages in terms of the contract.
What constitutes a refusal bargain?
Refusal to agree to establish a bargaining council; Withdrawal of recognition of a collective bargaining agent; The resignation of a party from a bargaining council; A dispute about appropriate bargaining units; A dispute about appropriate bargaining levels; and.
Can the employer immediately dismiss illegal strikers?
If a strike is declared illegal, the employer may be authorized to terminate the employment of union officials who knowingly participated in the illegal strike and/or any worker or union officer who knowingly participated in the commission of other illegal acts during the strike.
Can an employer dismiss an employee for participating in unprotected strike action?
Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum.