MRL3702 - STUDY UNIT 11 - STRIKES AND LOCK-OUTS questions and answers with detailed accurate solutions and graded A+

PROTECTED INDUSTRIAL ACTION - ANSRequirements for protected industrial action: 1. Definition of a strike and lock-out - parties should ensure their action complies with the definition of a stroke or lock-out, avoid the inherent limitations in the definitions of both strikes and lock-outs 2. Procedural requirements for the protection of strikes and lock outs in terms of section 64 - parties should comply with the procedure prescribed by the LRA in section 64. 3. Prohibitions or limitations on strikes and lock-outs in terms of section 65 - Parties should ensure that none of the prohibitions against industrial actions as contained in section 65 of the LRA are applicable to their issue in dispute. DEFINITION OF A STRIKE - ANSA strke is the partial or complete concerted refusal to work, or the retardation or obstruction of work, by people 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. THREE IMPORTANT COMPONENTS FOR A STRIKE - ANS1. There must be a refusal to work 2. the refusal must be a concerted action by people 3. the refusal must be for purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between an employer and employee. WHAT IS A REFUSAL - ANS1. Refusal may be partial(employees perform only some of their duties) 2. complete (employees do not perform any of their duties; or 3. involves the retardation of work (employees work, but at a reduced pace) or 4. obstruction of work (employees disturb production through their actions)