Use these 12 steps to deal with planned protected strikeswithout involving the CCMA!
SAA employees who are members of the National Transport Movement (NTM) union went on strike on Friday. All because SAA doesn't recognise the union.. Now the strike action is drawing out and SAA will have to approach the CCMA for help. Think of all the time and money that could be saved if SAA had just acted sooner. Don't let things go this far if similar strike action takes place at your business.Act now to put contingency plans in place with these 12 steps.
SA Airways (SAA) had put in place contingency plans ahead of the scheduled National Transport Movement (NTM) strike.
SAA's Tlali Tlali said theNational Transport Movement's strike would not affect flights and not all the union's members would participate, reports Algoa FM
The NTM alleges that SAA refuses to recognise it.
Tlali denied the claim and said the NTM was not recognised as it didn't meet certain requirements.
'The strike will not affect flights and not all the union's members would participate', Tlali is reported as saying in IOL's Business Report
, ahead of the strike.
Here's how the strike could have been prevented by approaching the CCMA sooner
'... Gigaba … watched from the side-lines as SAA executives botch negotiations with labour unions on the eve of the African Cup of Nations,' Democratic Alliance MP Natasha Michael said in a statement.
Now, Public Enterprises Minister Malusi Gigaba must get the CCMA to determine whether the striking union has recognition at SA Airways (SAA), adds the TimesLive
'The Minister should know that in the event of unresolved disputes on whether or not the registered trade union is a representative trade union, the CCMA is the appropriate port of call as delineated in the Labour Relations Act (LRA
)', says Michaels on AllAfrica.com
Michael said the strike was 'entirely preventable'.
There are 12 steps you can take to deal with protected strikes
properly to minimise their impact on your business, according to the Labour Law for Managers Loose Leaf Service.
12 steps to deal with protected strikes
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Step #1: Make absolutely sure the strike is a protected one that you've had ample warning about. You can't use court interdicts or dismissals to deal with protected strikes.
Step #2: Make sure the employees understand why you are sticking to your position. Meet with them or issue notices to clear up rumours.
Step #3: Negotiate and compromise on fair demands.
Step #4: One option is to sit it out by letting the employees strike and continue with your business.
Step #5: You have the right to take industrial action known as a 'lock-out' by barring employees from entering the premises.
Step #6: Bring in replacement labour where this is practical.
Step #7: Temporarily evacuate non-strikers if they are in danger.
Step #8: Pay special attention to protecting lives and potentially dangerous or strategic installations.
Step #9: Don't discipline or dismiss any employees for having gone on a protected strike.
Step #10: Avoid provoking the strikers unnecessarily.
Step #11: Deal with sabotage, blockades, picketing or other disruptive or prohibited conduct during strikes in a firm but restrained manner.
Step #12: Never pay employees for the period they were on strike. The employees are allowed to strike for as long as they want, but won't be able to hold out forever due to loss of income.