THE RIGHT TO STRIKE: NON MEMBERS OF ANY UNION (5/5)

You are here : Home

Attached please find a copy of a legal opinion on the participation of non-members wishing to

participate in our legal strike.

I have been requested to consider the position where non-union members may

wish to participate in strike action declared under and in terms of the Labour

Relations Act. 66 of 1995 as amended (the "Act") pursuant to a certificate of

outcome of dispute being issued on a dispute pertaining to wages and other

substantive terms and conditions of employment.

Any strike action contemplated in this particular instance would be protected.

In the matter [20060 11 BLLR 115 (LC), the court held that employees who are

not members of a Union, which called the protected strike, are entitled to

participate in such strike action. It would thus follow that in proposed strike

action, which would be conducted in terms of the mechanisms of the Act, nonunionised

employees may well join this strike action and be afforded the fullest

protections of the Act in consequence of them withholding their service to their

employer.

Highest Regards,

Darryn Mer

UTATU United Transport and Allied Trade Union