Peaceful Striking for Pressure
The purpose of strike action is to exert pressure on an employer to concede to employee demands in the collective bargaining process. The demand must be one of “mutual interest” and the strike must be called by a representative union. The striking employees will be protected from dismissal if the proper procedures were followed before the strike starts.
Violence in Strikes
It’s obvious that violence associated with strikes breaks all the rules of law and acceptable labour relations practices. And that it’s morally repugnant and severely damaging to our country’s image as a safe and desirable investment destination. Yet we’ve seen so many strikes over the years in which violence seems to “go with the territory” in wage negotiations. Unions have typically condemned the violence but exempted themselves from any blame.
Union Accountability
Union members embarked on an unprotected strike for two weeks at In2FOODS’[1] premises in February 2013. The company secured an urgent interdict from the Labour Court against FAWU and certain employees. The union did not challenge the Order but the unprotected strike continued with numerous acts of violence. It caused R16m damage so the company went back to the Labour Court for relief. The Court ordered FAWU in terms of Section 68 (1) of the LRA to pay a fine of R500 000 to the company as compensation[2]. The value of the fine was much less than the actual damage suffered – but it sends a clear message.
So Far but no Further
The Court found that the union and its officials failed to take sufficient steps to dissuade and prevent their members from continuing with their violent and unlawful actions. It said –
“The time has come in our labour relations history that trade unions should be held accountable for the actions of their members. For too long trade unions have glibly washed their hands of the violent actions of their members…”
TIP: The Court has made it abundantly clear that it will no longer tolerate violence and lawlessness in the workplace. Unions and employees will in future be held to a much greater standard of accountability when they embark on strike action. Employer’s should comply with the strike laws and hold unions to account if they do not comply or take sufficient steps to prevent violence during a strike.
[1] In2FOOD (Pty) ltd v FAWU, Madisha, RS and 470 others (LC J350/13), 1 March 2013
[2] Section 68 (1) (b) gives the Labour Court the power“…to order the payment of just and equitable compensation for any loss attributable to the strike, lock-out or conduct…”
