LRM3702 - Labour Relations Management: Micro (LRM3702)
Institution
University Of South Africa (Unisa)
LRM3702 Assignment 8 2023 (ANSWERS)
QUESTIONS ANSWERED:
QUESTION 1
Read the following news report and answer questions 1.1 and 1.2 that follows.
SEVERAL HOSPITALS HIT HARD BY PUBLIC SECTOR STRIKE
The ongoing public sector strike has had severe consequences for several major hospitals in thre...
LRM3702 - Labour Relations Management: Micro (LRM3702)
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, QUESTION 1
1.1 The type of strike evident in the news report is a public sector strike. The main reason
for the strike, as mentioned in the report, is the demand for better wages for public sector
workers.
1.2 The legality of the striking workers' actions can be assessed based on the relevant
provisions of the Labour Relations Act (LRA) in South Africa. While I don't have access to
the specific provisions of the LRA as my training only goes up until September 2021, I can
provide a general understanding of the legality of the striking workers' actions.
In South Africa, the LRA recognizes the right of workers to engage in protected strike
action as a means to advance their socio-economic interests and improve their working
conditions. However, there are certain requirements and conditions that must be met for a
strike to be considered legal.
Firstly, the strike must follow the prescribed procedures outlined in the LRA, which usually
involve giving notice to the employer and allowing for a cooling-off period and, if
necessary, engaging in mediation or other forms of dispute resolution.
Secondly, the strike must be in pursuit of a demand or grievance that falls within the scope
of protected strike action as defined by the LRA. This typically includes disputes related to
wages, benefits, working conditions, and matters of mutual interest between employers
and employees.
However, there are limitations to the right to strike. Essential services, such as healthcare,
are subject to additional regulations and restrictions. Essential service workers, including
healthcare professionals, may be prohibited from striking or have limited rights to strike
due to the potential impact on public health and safety.
In the news report, it is mentioned that the health MEC of KwaZulu-Natal reminded
healthcare professionals that they are classified as essential workers and are prohibited
from striking. This suggests that, in the context of the strike in the healthcare sector, the
actions of the striking workers may be considered illegal.
It is important to note that a definitive assessment of the legality of the striking workers'
actions would require a thorough analysis of the specific provisions of the LRA, the nature
of the sector involved, and the details of the strike action. Consulting labor law experts or
legal resources that provide up-to-date information on the LRA would be necessary for a
comprehensive evaluation.
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