No strike is illegal statement challenged

Labour Q&A with Terry Bell

Fin24 user Noel Nel challenges Terry Bell on his statement: There is nothing like an illegal strike. He writes:

"You say that there is nothing like an illegal strike. Please then explain a situation like the following as an example.
 
A motor dealership has a fully booked workshop (service department). At the time of early opening all technicians and workers refuse to go to their workstations and perform their duties – all this without prior notification to management. Is this not illegal?
 
Terry Bell responds:

No. Still not illegal. But definitely unprotected.

However, such action is extremely unlikely to occur unless there has been some dispute brewing that remains unresolved.  

If and when something like this happens, the employer may apply to the labour court for an interdict and also has recourse for an order to recoup "equitable compensation" for any losses incurred.

Hope that helps.

Another user Susan V says everyone may have the right to strike but employers should also have the right to dismiss.  

Bell responds:

Hi Susan,

Subject to the conditions laid down in law to try to balance the inherently opposite interests of employers and employees, employers have the right to lock out - and to hire replacement labour. 

It's a constant balancing act, but without such laws we may well have chaos. 

And never forget: most labour disputes and negotiations over pay and conditions are resolved through discussion and without any disruption.

* Add your voice or just drop Terry a labour question. Follow Terry on twitter @telbelsa.

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