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Section 77: Limitation on right to strike or recourse to lockout

Employment Relations Act · PART VII: STRIKES AND LOCKOUTS

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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