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The Labour Relations Act contains a definition of a strike which reads as follows: “’strike’ means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.” The Labour Relations Act offers strikers special protection against dismissal if they conform with the Act and its provisions. Hence the distinction between those strikes and protest action in compliance with the Act, namely ‘protected’ strikes and protest action, and those strikes and protest action in violation of the Act, namely, ‘unprotected’ strikes and protest action. Participation in an unprotected strike is one form of misbehaviour. The Labour Relations Act expressly prohibits the dismissal of employees engaged in a lawful strike. Employees engaged in strike action contrary to the provisions of the Labour Relations Act may be dismissed since their strike action is deemed to be a form of misconduct. The dismissal of striking employees must be both substantially and procedurally fair.

This study analyses whether the advent of strike action has an effect on the value and volatility of the South African Rand compared with the US Dollar. The literature suggests that strike action can have a significant effect on the exchange rate in terms of either value or volatility, and consequences can result that cause inefficiencies in the economy; inhibiting employment and economic growth. Strike action has become common place in South Africa, with 2012 alone recording 99 strikes, 45 of which were “wildcat” or unprotected strikes. This study uses GARCH and Intervention Analyses to determine what the resulting effects of the strikes might be on the exchange rate. The analysis used ZAR/USD exchange rate data for the period January 2000 to October 2013, and covered 72 of the most significant strikes in terms of lost man-days. The results are mixed, suggesting that the effects of strikes do not always conform to expectations (increased volatility and a depreciation in the Rand), and that outside factors affecting the global economy may have a more significant effect on the exchange rate than strikes on their own.

Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not. / Abstract

This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.

This research adds on to Chaulk & Brown (2008) research on the assessment of employees’ reaction towards management and the union in the pre-strike and post-strike period. Research problem: The study raised two aspects that form part of the statement of the problem. Firstly, strike action has been a major aspect describing the South African industrial relations climate. The high level of strike action prompts the question; “Are South Africans World Class Strikers?” (Anstey, 2006). Secondly, the analysis of strike action has focussed more on the economic and power testing impact analysis rather than psychological and affective impact analysis of the strike such as establishing the impact of the strike on job satisfaction, work climate satisfaction, organisational commitment, management satisfaction, and union commitment. Research objectives: To address the research problem, research objectives, research questions and hypotheses were established. The main objective of the study was to examine the causes, processes and the impact of the strike, thereby making a contribution to both theory and practice. Whereas the contribution to theory took a form of building on to the research carried out by Chaulk & Brown (2008), and exploring through the process analysis on how behaviour during the conflict impacts on the ongoing relationships within the organisation, the contribution to practice took a form of highlighting to management and unions the impact of the strike on employees so that necessary interventions to prevent the negative impact of the strike would be created. Research questions: Six research questions were established and these were; what were the causes of the strike; how did the strike unfold; what were the substantive outcomes of the strike; what were the procedural outcomes of the strike; what were the climate outcomes of the strike; is there a relationship between the demographic factors and the affective outcomes of the strike? Research hypotheses; Five research hypotheses were established for the research. These hypotheses were aimed at establishing the impact of the strike on the affective outcomes of the strike. These were; there was a significant change in the level of organizational commitment after the strike; there was a significant change in the level of job satisfaction after the strike; there was a significant change in the level of work climate satisfaction after the strike; there was a significant change in the level of management satisfaction after the strike; and there is was significant change in the level of union commitment after the strike. Research design and methodology: Both qualitative and quantitative methods were used to collect data. Qualitatively, interviews, media reports and the Municipality records were being used to collect data on the causes, processes and outcomes of the strike. Quantitatively a survey questionnaire was used to collect data. Data was collected from 105 Traffic Officers who had recently been on strike in the NMBM. Measures of organisational and union commitment, employee job satisfaction, and work climate satisfaction were assessed using the Chaulk & Brown (2008) questionnaire. A paired sample t-test, ANOVA test, and Scheffe test and Cronbach’s alpha, were some of the quantitative methods used in data analysis. Henning’s approach was used to analyze qualitative data. Major findings: The results from the questionnaire revealed that job satisfaction, work climate satisfaction and management satisfaction significantly changed in the post-strike period. In addition, impact of demographic factors on affective factors was evident for participation in the strike and the level of union commitment; age and job satisfaction; occupational level and job satisfaction; and service length and union commitment.

Thesis (M. A. (Sociology)) --University of Limpopo, 2017 / The purpose of this study was to explain the events surrounding the Marikana miners’ strike in 2012, using Marxism’s concept of class consciousness. The labour disputes witnessed at Marikana in 2012 represent one of the major labour movements that South Africa has witnessed since the inception of democracy. This study adopted qualitative research methods to inquire into the events of the Marikana 2012 labour disputes. Methods used in this study include qualitative research, descriptive research design, Marxism critical inquiry, purposive sampling and critical discourse analysis. Moreover, the study investigated employee relations in the mining sector. In addition, this study also examined the Marikana miner’s working and living conditions and probed the role of social control agencies, including, trade unions, bargaining councils and the police, during the protests. This study proposes a fair distribution of wealth in the mining sector and the removal of the Migrant Labour System. Additionally, this study recommends transparency in the mining sector, the transformation of the education system and the restructuring of trade unions. / University of Limpopo Research Office

Thesis (LLM.) -- University of Limpopo, 2022 / The study will analyse the legal position of the right to strike and the consequences of participating in an unlawful strike. The study will provide a brief practical implication of employees dismissed for participation in an unlawful and/or unprotected strike and the employer’s right to reemploy any employee dismissed for a misconduct relating to unlawful and/or unprotected strike. The study will further make a brief comparison with the labour law position relating to strikes in the United Kingdom (“UK”). At the end provide recommendations on how the law on participation on unlawful and/or unprotected strikes and reemployed of employees dismissed on misconduct relating to participation in an unprotected strike can be developed and improved.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.