Section 76: Right to strike and recourse to lockout

76. Right to strike and recourse to lockout (1) Subject to section 77, every worker has the right to strike and every employer may have recourse to a lockout, where— (a) a labour dispute has been reported under section 64 and no agreement has been reached; (b) the parties to the labour dispute have not elected to refer the dispute for voluntary arbitration under section 63; (c) a strike ballot has been successfully taken in accordance with section 78; and (d) a notice of the strike or lockout has been given to the Minister in accordance with section 79. (2) Notwithstanding subsection (1), a worker shall have the right to strike where— (a) the strike relates to a major health and safety issue that may jeopardise the life and security of any worker, unless the worker has been transferred forthwith to another workplace which is safe and without risks to health; or E9A – 43 [Issue 9] (cid:3) Employment Relations Act (cid:3) (b) more than 50 per cent of the workers of an enterprise have not been paid remuneration within the prescribed period, and the Minister has been notified and remedial action has not been taken by the employer within a reasonable delay fixed by the Minister. (3) Notwithstanding subsections (1) and (2), no member of the Police Force shall have the right to strike under any circumstance. [S. 76 amended by s. 4 (1) (e) of Act 25 of 2016 w.e.f. 9 January 2017.]