Cape Town - The National Employers Association (Neasa) is playing a potentially dangerous game, says Terry Bell in his latest Labour Wrap.
He points out that, under a controversial section of the Labour Relations Act (LRA), employers may bring in “replacement labour” in the case of a lock-out in response to a strike.
Neasa has now declared a lock-out in response to the strike by the National Union of Metalworkers (Numsa). In such circumstances, and in terms of Section 76 (1) b of the LRA, Neasa members “may take into employment” replacement workers, including those “of a temporary employment service or independent contractor”.
This section of the LRA was reluctantly agreed to by the labour movement in 1995. Bell says it has now come “to bite” the metalworkers’ union, the government and the major steel and engineering industry body, Seifsa.
Although this is not the responsibility of employees or their unions, Bell says they continue to be scapegoated, blamed for everything from increased joblessness to the entire economic crisis. But employees and their unions are merely reacting to circumstances created by the actions and policies of employers and governments.
Now, as part of the “blame game” there are calls to amend the labour laws; to remove the small degree of social justice introduced by laws such as the LRA and the Basic Conditions of Employment Act.
Bell also maintains that access to fairer and more just treatment has already been eroded by the legal profession winning a court judgment in September last year allowing them to intervene in the conciliation and arbitration process established by the LRA.
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