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Article 38/2024

LabourEdge

Section 69(6C)(b) of the LRA determines that no picket in support of a protected strike may take place unless picketing rules have been agreed upon or have been determined by the CCMA in terms of s69(5) of the LRA.

What are the consequences when employees embark on a strike where there is non-compliance with the aforesaid statutory provisions?

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The labour court, in SA Clothing and Textile Workers Union v KZN Marketing (Pty) Ltd (2023) 44 ILJ 828 (LC); [2023] 1 BLLR 83 (LC); (2022) 33 SALLR 283 (LC), adopted the following approach to this scenario:

  • provided that the strike is protected in terms of s64 and s65 of the LRA, the strike does not lose such protection because the striking employees participated in an unlawful picket
  • the employer should utilise the dispute-resolution scheme provided for in s69(8) to s69(11) of the LRA – entailing that the dispute should be referred to the CCMA regarding the effective use of the right to picket being undermined, a copy of the referral should be served on all the parties to the dispute, the CCMA should attempt to resolve the dispute through conciliation and, if the dispute remains unresolved, the matter should be referred to the labour court for adjudication
August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?