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Are your employees on a secondary strike? Then make sure you know these three essential requirements

by , 06 October 2015
A strike is a partial or complete refusal to work, or an attempt to obstruct work.

They are more often than not carried out in an attempt to resolve a grievance or dispute with you.

Now, it's worth noting that, even when another company's employees are on strike, your employees too could also down tools in what is known as a 'secondary strike'. This could be in support of the employees of the other company.

They have no real dispute with you, nor do they have any substantial interest in the dispute because they're not part of the bargaining process.

They're simply showing support towards the other employees.

Having said that, there are three requirements for a secondary strike to be considered protected.

They are:

Requirement#1:
 
The primary strike must be protected.
 
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Requirement#2:
 
The secondary employees must give you at least seven days' notice of the strike.
 
Requirement#3:
 
The nature and extent of the secondary strike must be reasonable.
 
In other words, the secondary strike must have either a direct or indirect effect on the primary employer. This is in accordance with the Labour Relations Act (LRA).
 
You can determine if it's reasonable through a 'proportionality test'.
 
 
Those are three requirements that must be met for a secondary strike to be protected. So keep them in mind.
 
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