TimesLive reports that law firm Cliffe Dekker Hofmeyr (CDH) has pointed out that, when a political party intervenes in a strike‚ any concerns which the employer has in that regard must be raised with the political party and not with the trade union(s) or employees.
This was noted in relation to a Labour Court decision given in November last year in the case of National Union of Food Beverage Wine Spirits and Allied Workers and others v Universal Product Network (UPN). In that instance‚ the union had embarked on a protected strike in October 2015. The Economic Freedom Fighters (EFF) became involved in the strike and visited the UPN premises demanding to negotiate with management. But, the union denied it was in alliance or in partnership with the EFF‚ and said it had no control over the EFF and its programmes. In its judgment, the Court said the evidence presented by the employer did not disclose that any “political” demands had been made by the union. According to CDH, the ruling showed that “the mere fact that a strike has taken on a political flavour cannot transform a protected strike into an unprotected one.”
- Read this report by Ernest Mabuza in full at TimesLive
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