With section 65 of the Employment Relations Act Amendment 6 of 2014, the legislative branch of government took steps to address these concerns. This dissertation focuses largely on changes to the right to strike and their impact on dispute resolution and labor unrest; however, this cannot be done without placing them in the context of the Marikana massacre.
THE STATEMENT OF THE PROBLEM
Rycroft.18 At its simplest, the task aims to provide a framework within which we can address one of the greatest failures of our liberal democracy, that of the growth of industrial action characterized by persistent degrees of violence. 4| P a g e Despite this, violence continues to characterize a number of attacks including the Marikana massacre, this has led to uncertainty about the effectiveness of the law in this vital area.24 The contention raised in this submission is that violence that is widely visible is more very much a symptom of the problem at hand, the situation is much more precarious.
ASSUMPTION UNDERLYING THE STUDY
The violence witnessed during strikes is not solely the result of frustration over low wages or poor working conditions, but rather it is a dramatic expression of the frustration of widespread social inequality, racial division, pluralistic working conditions and a failing justice system that promises. the improvement of the quality of life for all citizens, but which does not deliver.25.
RESEARCH METHODOLOGY
4 | Despite this, violence continues to characterize a number of strikes, including the Marikana massacre. This has led to uncertainty about the effectiveness of the law in this crucial area.24. The thesis put forward in this argument is that the violence that is widely visible is rather a symptom of the current problem; the situation is much more precarious.
THE SEQUENCE OF CHAPTERS
INTRODUCTION
The starting point in this chapter is the events surrounding the Marikana strike. 51 C Twala 'The Marikana massacre: a historical overview of labor unrest in the mining sector in South Africa'.
THE RIGHT TO STRIKE
It therefore becomes clear that only employee actions listed above can be labeled as a 'strike'.80 There is a significant connection between collective action and the right to strike. In an attempt to deal with this fallout, the right to strike has been restricted in various forms, some of which are considered below.
LIMITING THE RIGHT TO STRIKE
However, it is believed that restricting the right to strike by making it illegal to strike on certain matters of increased dispute will not bring peace to the picket line, as anyone who is familiar with South African labor history will realize that limiting the right to strike rarely compensates for violent strikes.90. Section 65(1) of the [Act] provides that no person may take part in a strike or lockout or in any conduct contemplated or in furtherance of a strike or lockout if he is bound by a collective agreement prohibiting a strike or lock-out relating to the matter in dispute.97 Similarly” where the employees are “bound by an agreement requiring the matter in dispute to be referred to arbitration; or the matter in dispute is one which a party is entitled to refer to arbitration or the Labor Court in relation to the [Act]” they cannot strike. exercising the right to strike.99. As noted earlier, the Amendment Act further restricts the right to strike by excluding it in circumstances where the matter in dispute is one which can be referred to arbitration or the Labor Court in terms of labor law.100 The Act labor law can be explained as a system of rules and standards governing workplace relations.101 If a dispute falls under labor law and such disputes could be referred to arbitration or the Labor Court and the resulting strike action is for this case, it will be vulnerable because it is envisaged that the dispute resolution procedures in terms of the Law would not have been followed.
As a result of the amendments, employees are now prohibited from striking over claims of issues of unfair discrimination because such issues can be referred to the Labor Court under the Equality Act.111 Trade unions have since expressed dismay at these amendments.112 The right to strike is considered as an important tool for unions who believe that withholding it is an attack on unions and workers' constitutional right to strike.113 Unions believe that restricting the right to strike is an infringement on its right to bargain . collective and the right of its members to strike.114.
CONCLUSION
How is it that the government believes that restricting the right to strike will work now when it has never worked before?121 According to the author, the current legislative framework does not solve the industrial problems facing the industry. country. Ignorance of labor policies, dysfunctional labor forums, and the breakdown of the labor-management interface are characteristics of most municipalities." Not many argue otherwise. Unfortunately, this goal was not realized, instead there was a general breakdown and disregard for institutions meant to deal with industrial conflicts.130 In a gradual attempt to deal with the consequences of post-democratic strike violence, the government thought it best to resolve situation by further restricting the right to strike, much to the dismay of trade unions and commentators.131 This position of the government is an indication of its belief that disputes can best be resolved through arbitration and judicial institutions instead of allowing parties to collectively bargain.
130 Ibid; R Rycroft 'The Role of Trade Union in Strikes' i B Hepple Laws Against strikes: The South African Experience in an International and Comparative Perspective (2015) 110.
INSTITUTIONALISED INDUSTRIAL CONFLICT
This will be followed by an overview of the history of this strategy and whether it has achieved what it was designed to do. However, the status quo was different before the turn of the 1980s, as can be seen from the narrative below. It is clear from the above narrative that labor law was governed by contract law and subject to the prevailing bona fide customs of the community.
The reason for this was that the sanctity of freedom of contract was highly valued.
CONLCUSION
It is clear that many have decided to ignore the dispute resolution procedures detailed in the Act. The reality is that striking workers are taking matters into their own hands, the result of a combination of division between unions and structural inequality. 28 | P a g e The submission is that both in the 1970s and in recent times, strikers will not be deterred by laws prohibiting them from striking.
It is safe to conclude that it has failed to force workers into established procedures and structures of conflict resolution, as there is a tendency to disregard dispute resolution procedures by striking, although the right on that particular issue is limited, will it keeps happening for so long. since underlying conditions are broken.
INTRODUCTION
The argument advanced in this discussion argues that the political transformation of 1994 was intended to achieve a social corporatist system of labor relations, but that this did not happen for reasons explained later in the chapter, see Fennemore (note80 above) 16. Social corporatism has sometimes been referred to as tripartite cooperation or social dialogue, see Finnemore (note 73 above) 8. 31 | P a g e Social corporatism understands that the continued operation of industrial relations and industrial peace depends on greater welfare provision working in lock-and-key combination with preventive collective bargaining.237 As things stand, these two features operate in isolation in South Africa .
Remnants of social corporatism in South Africa include the existence of a socio-political organization of society by major interest groups such as the government, trade unions and employers.
SOUTH AFRICA’S CURRENT LEGISLATIVE FRAMEWORK
Rycroft considers one such blatant example of failed relations between the government and social parties that became evident in the process leading to the adoption of the Amendment Act, which was in part a lack of political transformation and cohesion between the government, trade unions and indicate businesses.267 . This submission is based on the fact that Parliament has deleted and amended a number of the provisions agreed at NEDLAC.271. The reality is that we are a pluralistic state under the guise of a socio-political state made up of government, employers and trade unions.
The tragic events of the Marikana massacre are described in detail in the previous chapter.
TOWARDS SOCIAL CORPORATISM
37 | P a g e agrees to reopen negotiations through the CCMA, a procedure that is clearly different from the conflict management procedures of the Act.285. The first statement states that one essential feature of social corporatism is still missing, namely compromise.300 In this tripartite relationship that exists, the government is the only one that is not willing to give up anything.301 This situation is in stark contrast with the unfolding of the events of the early 1990s. A tangible example of this is the government's total disregard for the provisions of the Amendment Act agreed at NEDLAC.303 However, the question still remains why there is increasing violence on the picket line.
301 Rycroft (supra note 2) the allegation of governments' reluctance to compromise is made on the basis that Parliament substantially deleted and amended provisions of the Employment Relations Amendment Bill 2012 with which NEDLAC largely agreed.
CONCLUSION
RECOMMENDATIONS
This in turn will lead to workers regaining confidence in their unions and the government. To reverse this effect, there must be new discussions between the government and social parties. The government heeded the call and consequently made efforts to respond to these concerns in the form of the Amendment Act.
By limiting the right to strike, the government is trying to avoid a new massacre in Marikana.
ARTICLES Benjamin, P
The South African Industrial Conciliation Act of 1924 and current affirmative action: An analysis of labor economics in history African Journal of Business Management 1093-1101. What can be done about strike-related violence International Journal of Comparative Law and Industrial Relations 199-216. The right to strike and the future of collective bargaining in South Africa: An exploratory analysis International Journal of Social Sciences 115-126.
The miners' non-procedural strike: Setting the stage for redefining collective bargaining in South Africa Journal of Contemporary Management 239-258.
BOOKS
CHAPTERS IN BOOKS Cheadle, H
Between class struggle and the state of development: COSATU and the sectoral labor summits, a lesson in corporatism, Conference on Labor and Development Challenges, University of the Witwatersrand, 2007. Why a balance is best: The pluralistic industrial relations paradigm of balancing of competing interests. A paper presented to, Theoretical Perspectives on Labor and Employment Champaign, IL; Industrial Relations Association, 2004.
CONSTITUTION AND STATUTES
REPORTS
WEBSITE ARTICLES AND REPORTS Bagraim, M
Limiting strike lengths threatens organized labour' Mail & Guardian Online (19 January 2014), available at http://www.mg.co.za/article limiting-strike-lengths-threatens-organised-labour-num, accessed 9 November 2015 Ground Up (2012) available at http://www.groundup.org.za/contnet/mining-inudstry- strike-wave-what-are-causes-and-what-are-the-solutions , accessed 1 0 November 2015 SA one of the most violent and shock-prone countries in the world Engineering News 6 August 2014, available at http://www.engineeringnews.co.za/article/sa-one-of- the-worlds-most-violent- Strike-prone countries accessed April 18, 2015.
Wiehahn Commission' South African History Online, available at http://www.sahistory.org.za./article/wiehahn-commission, accessed 2 December 2015.
CASES
