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Business Insider SA reports that the National Economic Development and Labour Council (Nedlac) on Friday published a code of conduct on its role in terms of Section 77 of the Labour Relations Act (LRA).
It described the code as "practical guidance to those who engage in discussions concerning the promotion or defence of the socio-economic interests of workers and the resolution of these matters". The code was technically issued by Nedlac in mid-August, but only published on Friday. Section 77 of the LRA specifically allows for broad protests about socio-economic issues. The process to gain protected status for such a strike is that it must be called by a registered trade union (though non-members can take part); the issue must be one "considered by Nedlac or any other appropriate forum"; and Nedlac must be given 14 days’ notice. There is no definitive test for whether an issue concerns a matter of socio-economic interest, which depends on the particular circumstances of each case. Definitely excluded are "matters of a purely political nature" and anything "of mutual interest between employer and employee". But Nedlac says figuring out how long it will take to consider a grievance before a full-blown strike is appropriate is a little tricky. Though protests should "not be unduly delayed", issues that fall within the realm of socio-economic concerns are often not ones "that can be resolved as expeditiously as a labour dispute". When a dispute is declared, those involved are required in the code to avoid what may be considered delaying tactics, such as changing representatives, saying they lack a mandate, or just failing to pitch up for meetings. Parties are also required to sign a declaration of good faith, solemnly promising they actually want to resolve the issue, and that they will "engage in a rational, constructive and courteous manner".
- Read the full original of the report in the above regard by Phillip de Wet at Business Insider SA
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