Unprotected strike action is damaging - Busa

Johannesburg – Cosatu’s nation-wide protest to be held on 7 October, may not be a protected protest, the Business Unity South Africa (Busa) said in a statement. The organisation added that unprotected protest action will be “damaging to the economy” and the “perception of the country by investors” if it is not in line with legal procedures.

The planned protest coincides with International Decent Work Day. Cosatu filed notice to embark on protected protest action against the Department of Transport (DoT) and the South African National Roads Agency (Sanral) for the state of South Africa’s public transport. Busa believes that the protection only applies to the transport sector and not other sectors.

“It is Busa’s view that protest action by employees will only be protected if it is related to the issue covered by Cosatu’s Section 77 (1) (b) application in relation to the issue of public transport in South Africa,” stated the organisation.

The National Economic Development and Labour Council (Nedlac) confirmed that Cosatu complied with s77 of the Labour Relations Act (LRA) in serving notice of the protest action, which was labelled a strike.

The LRA allows for protest action to promote or defend socio-economic interests of workers. The federation plans to raise a number of these issues. This includes the banning of labour brokers, the scrapping of the e-toll system and expensive toll gates, fighting for job security and against retrenchments and demanding the implementation of a legislated national minimum wage.

The protest will also raise awareness to defend and protect Collective Bargaining Agreements, fight for the implementation of national health insurance and compliance with occupational health and safety standards in the workplace, the scrapping of the taxation amendment law and will demand free education.

Protected protest action means that employees can participate in protest action and will not be disciplined by their employers. However the principle of no work, no pay applies, explained Faan Coetzee and Samantha Coetzer, of Cliffe Dekker Hofmeyr, in a written statement.

Employees engaged in an essential service may not participate in the protest action. Employees in a maintenance service may participate if permitted by the agreement regulating the maintenance service.