Dealing with violence in strikes
The proposed amendments to the Labour Relations Act (LRA), which were passed by the National Assembly, are intended to ensure more peaceful and stable industrial relations (IR). Strikes are part of the South African IR playing field but violent strikes are not good in any society. The case of National Union of Metalworkers of South Africa obo Dibakwane and others / Intercape Ferrira Mainliner (Pty) Ltd unpacks these issues.
• The Labour Court declared a proposed strike – over the removal of cabin attendants on Intercape buses – unprotected. The employees went on strike for two days.
• A number of violent incidents had occurred during the strike, including the employer’s buses being petrol-bombed. Gunshots were also fired at the striking employees and some of their houses were burned.
• When they reported for duty, the striking employees were immediately suspended pending disciplinary action. Several were dismissed for “derivative misconduct”, intimidation, absence from duty, assault and damaging company property. The employees denied that they had been involved in or had observed any criminal acts.
• The CCMA Commissioner concluded that derivative misconduct applies when the employees accused of that form of misconduct are aware of the identity of those who committed misconduct and deliberately failed to identify these individuals.
• The company had not proven that the employees charged with derivative misconduct had observed criminal actions or were aware of the identity of the culprits. The dismissals were ruled substantively unfair.
• The dismissals of six employees who had sung a song – with racist and insulting lyrics – in the presence of the general manager were found to be fair.
• Those employees whose dismissals were found substantively unfair were awarded compensation equal to four months’ salary.
If the proposed LRA amendments go far enough to stop violence in strike action is yet to be seen. It is a positive step in the right direction.
Jonathan Goldberg is CEO of Global Business Solutions