n Comparative and International Law Journal of Southern Africa - Employees' right to strike and violence in South Africa
|Article Title||Employees' right to strike and violence in South Africa|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of South Africa and 2 University of South Africa|
|Publication Date||Nov 2013|
|Pages||308 - 336|
This paper deals with employees' right to strike and violence in South Africa. It first deals with the protection of employees' right to strike in international and regional human rights instruments. It then looks at the legislative framework governing the protection of the workers' right to strike in South Africa, before exploring the legal consequences of violence that takes place during protected and unprotected strikes. The article argues that although the right to strike is protected in international, regional, and domestic law, it is not absolute. Violent strikes are prohibited. It concludes that trade unions have a responsibility to ensure that when their members exercise their constitutional right to strike, they do not commit acts of violence as this may justify employees' dismissal, provided that all the requirements set by the Labour Relations Act have been met.
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