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Are you saying 'No!' to your employees picketing inside your premises? Well the CCMA can overrule you with these 8 points

by , 02 November 2015
Employees are allowed to picket in any place where the public can access. This can include being right outside your premises.

But what if your employees want to picket inside your premises?

Well, it's really up to you to decide if you'll allow this. This is because you have a right to your property and it can interfere with your constitutional rights.

But, and yes there is a 'but', if you withhold permission unreasonably, a union can challenge your decision, and the CCMA can make a ruling on the matter.

So don't play ignorance on this scenario, take note of these 5 factors the CCMA will look into when deciding if your decision is reasonable or not, and ensure that, beforehand, you are, in fact, being very reasonable...

1.      The CCMA will look into the nature of your workplace. For example, it could be a shop, a factory or a mine. You see, picketing within, for example, a shopping mall could disrupt other businesses.
 
2.      It will look into the situation of the workplace. For example, if your employees picket outside of the shopping centre, then it won't really disrupt other businesses and many members of the public inside will not know about it.
 
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3.      It will take into consideration the number of employees taking part in the picket, within your premises. You could be very worried there are too many picketers wanting to picket within your premises, and so you can ask them to reduce their numbers.
 
4.      The CCMA will consider the time, as well as the duration, of the picket. This has to do with the fact that you could be concerned the picket could go on indefinitely, or you could ask the union split the picketing up into different time slots.
 
5.      The CCMA will also consider the movements of picketers. For example, you might be very concerned that conflict will arise between picketers and non-picketers on your premises.
 
As was mentioned earlier, you simply MUST be aware of these factors the CCMA will look into when determining whether a denial to allow picketers onto your premises is justifiable. So take action over them and ensure that your reasons are solid.

To learn what the other factors are, which the CCMA will consider, subscribe to Labour Law for Managers today.
 
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