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strike thumb medium85 85In December, Labour Minister Mildred Oliphant issued guidelines on balloting for strikes in line with recent amendments to the Labour Relations Act (LRA).  

Gazette No. R.1397 of 19 December 2018 contains the guidelines issued in terms of Section 95(9) of the LRA.  The guidelines provide that unions must not call for a strike before a secret ballot has been conducted and must not discipline or terminate the membership of workers who refuse to participate in a strike in which a secret ballot has not been held.  Workers will be allowed to refuse to participate in strikes that do not enjoy majority support and unions must keep documentary or electronic records of strike ballots for up to three years.  There is no requirement for a union to obtain the consent of an employer to hold a ballot unless stipulated in a collective agreement, but reasonable notice must be given to members of the holding of a ballot.  The guidelines also indicate that there is no requirement for a union to permit employer observers at a ballot or to employ independent scrutineers to conduct or observe the ballot.  The director-general is expected to issue a directive to those unions whose constitution presently does not yet provide for a secret ballot in respect of strike action.

  • Access the text of the guidelines on balloting at Workinfo.com


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