According to Labour Relation Act 66 of 1995 is that a strike is the partial or complete concerted refusal to work, retardation or the obstruction of work by the persons who are or have been employed by a same or different employers, so the purpose is the remedying of a grievance or when a dispute is being resolved in respect for any other matters of mutual interest between the employee and employer and any reference to work according to this definition is that overtime work whether it is voluntary or compulsory it is included.
Effective form of negotiation is striking itself, it is not inherently bad but however an agreement that provides labour is a contract of mutual benefits for both of the parties. No employer shall be entitled to such…show more content… So the debacle with the Marikana and the subsequent settlement of the Lonmin wage the employers has been rattled by the outbreak of the wildcat strikes. There was also said that the settlement can even create a precedent and that could encourage the other unions to take the route towards violence. Examples of what constitutes a strike are by overtime bans, work-to-rule and go-slow.
A powerful weapon that is used by trade unions and other labour associations is strikes, so that their demands can be accepted. So the employees put pressure on their employers so that they will accept the demand by quitting their work.
According to Israelstam (2011) is because of the strikes that has happened recently in South - Africa it has caused several of damages like workers that have lost their pay because of their absence at work and the employers they have lost their company due to strikes but some of the companies do survive the damages but can still lose their market share. The businesses that are weaker can be a result of industrial action and the economy is extremely competitive in SA, so when losing businesses to competitors are very serious.
4.1.2 Is it correct to describe a strike as illegal in South…show more content… It implies that the strikes are engaging in criminal activities while constitutional rights are being exercised.
According to Whyte (2013) is that he believes that the only acceptable term to use other than an unprotected strike is unlawful.
The violence that is often associated with the strikes in South Africa has no effect on whether it is a protected or unprotected strike.
It can occur that during a protected strike the workers will also commit some type of misconduct such as intimidation or assaulting. It will result that the strikers may be charged or dismissed by their employer but will still remain a protected strike (Singo: 2013.).
Over the past few years the workers have attempt to heighten the impact of their strikes by making use of various tactics during the industrial action, those tactics have negative impacts on the property’s and lives of other people. This includes:
• By trashing of the cities,
• vandalising the properties
• at supermarkets they are forming picket lines and
• Also preventing the shoppers from doing business with the chosen businesses that have