Sonja Vorster
Estcourt endured yet another strike last week that left our little town full of litter. On social media the public mainly expressed disgust in the manner in which the strikers behaved. The real reason for the strike was not really discussed.
The disruptive behaviour of the strikers did not illicit the sympathy from the public. It is imperative that employers and employees take ownership of unhappiness in the workplace and have meaningful negotiations and utilise the conciliation process to avoid strike action completely.
Focus on avoidance rather than damage control. Unfortunately our country is known for protracted strikes with shattering effects. Both parties should avoid strikes altogether as the harm is long-term and not short-term, as many young employees seems to think. There is always a price to pay at the end of the day; by both parties.
Although illegal strikes occur, the Labour Relations Act, No 66 of 1995 prescribes specific rules that must be followed before a strike can occur. If internal negotiations fail, the employees or union must refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Bargaining Council.
If this is done and an independent chairperson issues a certificate stating that the dispute remains unresolved or if 30 days have lapsed since the referral, the employees may go out on strike after complying with step two – the issuing of a strike notice.
The process of conciliation is very important and both parties should regard this in a serious light. Resolve the dispute, especially if one thinks of the devastating effects of a strike. Unfortunately this process is not always taken very seriously and approached merely as a procedural aspect.
This attitude must change if we want to achieve meaningful engagement to resolve disputes. Conciliation ensures that the employer and aggrieved employees are forced to sit around a table and discuss the matter in the presence of a Commissioner.
The Commissioner cannot instruct the employer to adhere to the employees’ demands, nor direct the employees not to strike. Conciliation presents the ideal opportunity for the parties to resolve a dispute. The current behaviour by aggrieved parties to break down, rather than negotiating in an intelligent manner, resolves or achieves nothing.
