South Africa has been experiencing a number of violent strikes by trade unions in
recent times. The issue is not only to hold unions liable for damage caused during
strikes, but also to reduce the number of violent strikes. This study investigates if
victims of such violence can hold trade unions liable for the violent acts committed by
their members during industrial action. The Labour Relations Act, 66 of 1995 (LRA)
makes provision for the dismissal of employees who commit misconduct during an
unprotected strike. It also provides the remedy of an interdict and a claim for just and
equitable compensation which can be made against the union, during an unprotected
strike. It is further possible to hold the union together with its members liable for
damages in terms of the Regulation of Gatherings Act, 205 of 1993 (RGA). The study
argues that a strike or conduct in furtherance of a strike that becomes violent could
lose protection and the trade union should consequently be held liable, in terms of the
LRA and/ or the RGA, for damages caused by its members. This study investigates
the position in Canada, Botswana and Australia to determine if there could be any
other basis upon which to hold trade union liable for the conduct of its members. The
study recommends that the common law doctrine of vicarious liability should be
developed by the courts to allow trade unions to be held liable for damages caused by
members during violent industrial action. Policy considerations and changing
economic conditions and the nature of strikes in the Republic favours the expansion
of the doctrine of vicarious liability to trade union member relationship. / Mercantile Law / LL. D.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/23172 |
| Date | 18 September 2017 |
| Creators | Mlungisi, Ernest Tenza |
| Contributors | Dekker, Adriette Hendrina |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (xxiii, 349 leaves) |
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