Section 77: Limitation on right to strike or recourse to lockout
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
77. Limitation on right to strike or recourse to lockout
(1) Subject to section 76 (2), a person shall not take part in a strike or a
lockout where the—
(a) conditions and procedures specified in section 76 (1) have not
been followed;
(b) strike or lockout occurs whilst—
(i) a collective agreement or an award relating to wages and
terms and conditions of employment is in force; or
(ii) a report of the Pay Research Bureau or a salary
commission, by whatever name called, by which the
person has opted to be governed, is in force in relation to
remuneration or allowances of any kind;
(c) labour dispute is one which is governed by section 70 (3);
(d) labour dispute is reported by an individual worker;
(e) minimum service required under section 81 has not been
organised and put into effect;
(ea) the Tribunal makes an order under section 86 (3); or
(f) the Supreme Court makes an order under section 82 (3); or
(g) the Tribunal makes an order under section 86 (3).
(2) Any strike or lockout in contravention of subsection (1) shall be
unlawful.
[S. 77 amended by s. 25 of Act 5 of 2013 w.e.f. 11 June 2013.]
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Questions this section answers
- Can I be part of a strike while a collective agreement on my wages is still in force?