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ARTICLE · 01 FEBRUARY 2012

Power Play And Strikes

Can a union or employer resort to power play to resolve a wage dispute after negotiations have broken down?

South AfricaEmployment and HR
Lavery Modise
Lavery Modise
Jean Ewang
Jean Ewang

Can a union or employer resort to power play to resolve a wage dispute after negotiations have broken down?

At a certain time of the year, known as the strike season, employers and trade unions enter into wage negotiations.

Often these wage negotiations result in the parties reaching a deadlock, forcing one party to make a move to break the deadlock. One such move is for the employer to unilaterally implement the final wage offer to the union.

When parties reach deadlock, they have the option of referring the matter to conciliation at the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the Labour Relations Act (LRA).

If the matter remains unresolved after conciliation the union has the option to go out on strike on proper notice to the employer, while the employer has the option of invoking a lockout after giving proper notice to the union of its intention to do so.

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