“Labour unrest is widely understood as a result of failure of effective collective bargaining between employers and employee representatives” (Russell, 2013, p. 45). Labour unrest can take various types, namely, strikes, lockout, picketing, protest action and boycott (Grogan, 2014). However, strikes themselves can also take various forms, which include go-slows, secondary strikes, sympathy strikes, rotating strikes and overtime ban. Different countries have their own statutory laws which grant them the right to strike (GrušIć, 2013). In some countries this right is conferred by their Constitutions. Statutory laws of different countries give employers the right to lockout, even though there are few countries providing this right as compared to the right to strike. In such countries where the right to strike is conferred, it is acknowledged that this right may be done in accordance with the statutory laws and must align with the requirements of the statutory laws. The main procedure is that notice must be
19
given prior to the commencement of strike or lockout and in some countries like Italy, South Africa, Namibia, Ghana, Sweden, Spain, Finland and Denmark courts do not recognise the strikes without prior notice (Zondo, 2009). In some countries, however, like France, no notice is required before the commencement of a strike.
The public sector is faced with labour unrest, which are a threat to peace. Labour unrest are still the infectious disease that spreads rapidly to other sectors of the economy (Beck, 2013).
The labour unrest in the public sector often occurs because employers want to increase their profits using insufficient resources. However, there is a perception that the public sector suffers more employment disputes than the private sector (Bendix, 2010). The labour disputes are caused by many reasons some of which will be highlighted in this chapter. “The labour disputes in the public sector increased because the sector itself has experienced growth in the previous years” (Barchiesi, 2011, p. 47). The increasing number of labour unrests in the present society may be linked to the fact that there is a decreased employer-employee relationship, which makes it difficult for employers and employees to communicate or to bargain collectively on matters of mutual interest. However, at common law, labour unrest could mean the breach of employment contract by the employees, giving employers the right to terminate the contract of employment altogether. The LRA 66 of 1995 gives employees the right to strike but this right is limited. “All types of labour unrest are directed towards the employer to make them comply with the demands of the employees” (Brassey, 2013, p. 34).
The present labour unrest is influenced by the political motives that arise in the employment relationships (Dhai, Etheredge, Vorster, & Veriava, 2011). The majority of trade unions are established for political intentions and the labour unrests occur in order to politically influence the other party. At most times, employees have increased hopes regarding their involvement in particular employment, and when these hopes are not achieved, labour unrest occurs (Dhai et al., 2011). Labour unrest occurs in order to support the demand relating to matters of mutual interest between employers and employees. Construction employees have real grievances concerning economic, social and psychological issues. “The main complaint is often about insufficient monetary benefits” (Brassey, 2013, p. 54). The duty of trade unions has been to put pressure on the demands of employees for, amongst others, increased salaries, longer rest breaks and less working hours. Employees are concerned about the benefits which they get from their employer and are not worried much about the production of the organisation (Laubscher, Jefferson, & Naidoo, 2014).
20
“The term Labour Relations defines the complex employment relationships between employers and employees who engage in the employment relationship” (Du Plessis &
Fouché, 2015, p. 77). This relationship is a human relationship, controlled by rules and regulations. However, Labour Relations has been viewed as an arena where conflict exists, which leads to labour unrest but is a manageable conflict. Almost all employment relationships are characterised by manageable conflict (Fabbrini & Granat, 2013). This is because employers and employees often have conflicting interests and objectives. However, Labour Relations aim to create and promote harmonious working environments through controlling employment relationships (Clauwaert & Schomann, 2012). “Employers and employees are free to agree on whatever terms and conditions of employment they desire, but only within standards that are reasonable and effective” (Collins et al., 2012, p. 44).
Labour unrest by construction employees is a period when the entire workforce of the organisation cease to perform their contractual duties with an effort to make their employer accept their demands (Brassey, 2013). However, researchers concur that labour unrest consists of workplace violence; therefore, it is evident that labour unrest and workplace violence have a significant relationship. According to Collins et al. (2012), when employees are granted permission by the labour courts to take part in the peaceful strikes, conducive conditions of violence are created. However, in the human history, people have used violence individually or as a collective to influence other people. Employees have used physical violence to control and influence their employers to accept their demands.
Employers have used non-physical or psychological violence which is mostly referred to as soft violence to dominate or influence the employees and to deny them of their rights (Johnson, 2016). Labour unrest in the workplace do not occur peacefully, but are accompanied by violence through which employees compel their employers to heed to their demands (Laubscher et al., 2014).
The labour conducted by the employee is more significant than the remuneration the employee gets from employers out of that labour (Burchill, 2014). However, employees who are striking for increased remuneration can be replaced by employees who are willing to accept a lower remuneration. Employers who offer lower wages are replaced by employers who are willing to offer satisfying, and competitive remuneration to employees. Labour unrest arises when trade unions or employees confidently believe that their employers can afford to remunerate them with higher wages but this belief is not fulfilled or satisfied.
21