What is the content of the reasonableness requirement to be complied with for a secondary strike to be lawful?
The reasonableness requirement involves a proportionality assessment: the harm caused by the secondary strike to the secondary employer must be in proportion to the harm potentially caused to the primary employer as a consequence of the secondary strike. In the labour court’s view, this called for an assessment of three key issues:
- the effect of the secondary strike on the secondary employer;
- the possible direct or indirect effect that the secondary strike may have on the business of the primary employer; and
- the proportionality of the harm caused to the primary and secondary employers respectively.
It is settled law that one of the requirements of a lockout is that it is to be preceded by a demand from the employer in respect of a matter of mutual interest. Does this equate to a lockout notice?