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Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Part A : Introduction

1. Intention and interpretation

 

(1) This Code of good practice is intended to provide practical guidance on collective bargaining, the resolution of disputes of mutual interest and the resort to industrial action. It is intended to be a guide to those who en9age or want to engage in collective bargaining or who seek to resolve disputes of mutual interest by mediation, conciliation, arbitration or as a means of last resort, industrial action.

 

(2) Any person interpreting the Labour Relations Act, 66 of 1995 (Act) must take this Code into account. This includes employees, trade unions, employers, employers' organisations, the registrar of labour relations, conciliators, arbitrators and judges.

 

(3) The legal context within which this Code should operate is explained in the text. While every effort is made to ensure that the explanations in the Code are accurate, any interpretation of the law advanced in this Code is always subject to what the courts ultimately determine.

 

(4) This Code must not be interpreted as imposing any unconstitutional limitation on the right to strike or the recourse to lockout as provided for in the Act or applied in a way that undermines the right to strike or the employers' recourse to lockout.

 

(5) This Code is intentionally general as circumstances may differ and a departure from its norms (subject to the requirements of the Act) may be justified under circumstances such as:the size and nature of the workplace; the nature and form of the collective bargaining relationship; and the nature of the sector.