Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions or federations such as SAFTU and COSATU to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the LRA. 

It is important to note that whilst SAFTU’s application to the Section 77 Sub-Committee of NEDLAC was unsuccessful, three trade unions affiliated to SAFTU (i.e. NUPSAW, ICTU and Salipswu) made a similar Section 77 application to NEDLAC some time ago for strike action on 25 April 2018.  

This application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee determined the notice to be compliant with the administrative requirements of the LRA. Consequently, employees participating in any action on 25 April 2018 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action. 

Management Guidelines on Possible Absenteeism on Wednesday, 25 April 2018

We recommend that Management adopts the following course of action in dealing with any stay-away from work on the 25th of April:

Inform all workers that any absences related to the protest action will be treated on the following basis:

• No work, no pay and no disciplinary action;
• Any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Wednesday, the 25th of April 2018;
• Alternatively, employees may be granted a day’s paid leave. However this is a company prerogative if the employee has leave available.

Should you have any further queries in this regard please don’t hesitate to contact us.

We also caution that you avoid the Durban city centre on Wednesday as we have confirmed that a march has been planned and given permission to proceed.  It will go from Dinuzulu, along Pixley Kasema (West Street) to the City Hall.