| (1) |
The matter giving rise to the intended protest action must concern a matter that promotes or defends the socio-economic interests of workers. |
| (2) |
The expression 'socio-economic interests' has a wide meaning. There is no definitive test for whether an issue concerns a matter of socio-economic interest. Whether an issue concerns a matter of socio-economic interest will depend the particular circumstances of each case. |
| (3) |
Protest action is for the purposes of promoting or defending the socio-economic interests of workers, but not for the purpose referred to in the definition of strike. Therefore, matters of socio-economic interests exclude— |
| (a) |
matters of mutual interest between employer and employee;10 and |
| (b) |
matters of a purely political nature.11
|
| (4) |
Matters of socio-economic interest include— |
| (a) |
issues that are major social and economic policy trends which have a direct impact on the trade union's members and on workers in general, in particular as regards employment , social protection and standards of living;12 and |
| (b) |
matters which fall within the ambit of the social status and economic position of workers in general such as the imbalances in the education system as a result of past government policy.13
|
| (5) |
When determining whether a matter is a matter of socio-economic interest an interpretation should be preferred which— |
| (a) |
does not limit fundamental rights; and |
| (b) |
gives effect to the LRA's primary objects, which includes |
| (i) |
giving effect to the obligations incurred by South Africa as a member state of the IL0;14 |
| (ii) |
is in compliance with the Constitution; and, |
| (iii) |
is in compliance with the South Africa's public international law obligations. 15
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10
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Protest action may not be for the purpose referred to in the definition of strike. The purpose of a strike is to remedy a grievance or resolve a dispute in respect of any matter of mutual interest between employer and employee. Matters of mutual interest between employer and employee include: (a) "all interest disputes between employer and employee (broadly, disputes about the creation of new rights) and rights disputes between employer and employee (broadly, disputes about the interpretation and application of existing rights) ... "; and (b) matters that are " the subject of any term of any collective agreement, referral for conciliation or the subject of any strike or lock-out [which is] work-related, or . .. concern the employment relationship ." (Vanachem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa and others [2014] 9 BLLR 923 (LC) at paras 16-17.)
|
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11
|
See Digest, para 528, Annexure B. |
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12
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Digest, para 527, Annexure B. |
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13
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Government of the Western Cape Province v COSATU & Another [1998] 12 BLLR 1286 (LC).
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14
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14 Section 1 (b) of the LRA.
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15
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15 Section 3 of the LRA.
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South African Council for Educators Act, 2000
