support@labournet.com | 011 532 8800

4 Cecil Avenue

Melrose Estate

Johannesburg

2196

  • Facebook - White Circle
  • Twitter - White Circle
  • Instagram - White Circle

Copyright LabourNet Group 2017

The Secret Ballot Amendment

September 16, 2019

In January 2019 a new regulation regarding strikes was signed into the Labour Relations Act.  This new regulation requires a secret ballot to be held by the employees and their Trade Union and the employer before they can start the process to embark on a protected strike or lockout.

 

The reason for this amendment was to try and curb long and continuous strikes and or lock outs and get the employer and employees discussing the matter before they embark on a strike or lockout, with the hope of resolving the matter or finding alternative solutions without the need to strike or implement a lock out. The new amended regulation places a sense of responsibility on the shoulder of the parties

 

deciding to move forward with the strike action or lock out. Should the ballot show that the strike or lockout was supported then no one may point fingers and blame the other party for any consequences as a result of industrial action.

 

Unions are obliged to include a clause in their constitution for a secret ballot.  Trade unions and employer organisations are now required to conduct a secret ballot among its members for those members to embark on a strike, or for the employer body to implement a lock out against employees.

 

The Registrar of Labour confirmed on the 9th of September 2019 that it is now illegal to strike or embark on a lock out without a secret ballot.

 

Some of the punitive measures that can be imposed by the Registrar for non-compliance with this amendment includes: Deregistration; Cancellation of registration or Placing the guilty party on administration.

 

For more information on the above topic, please contact the LabourNet Helpdesk at

 
0861 LABNET (0861 522638).


Not yet a LabourNet client, but would like to know more about our service and products?


Email us: support@labournet.com
www.labournet.com

 


 

 

 

 

 

 

Share on Facebook
Share on Twitter
Please reload

RECENT POST

September 16, 2019

August 27, 2019

August 20, 2019

August 6, 2019

Please reload