| (1) |
A registered trade union may authorise a picket by its members and supporters for the purposes of peacefully demonstrating— |
| (a) |
in support of any protected strike; or |
| (b) |
in opposition to any lock—out. |
| (2) |
Despite any law regulating the right of assembly, a picket authorised in terms of subsection (1), may be held — |
| (a) |
in any place to which the public has access but outside the premises of an employer; or |
| (b) |
with the permission of the employer, inside the employer"s premises. |
| (3) |
The permission referred to in subsection (2)(b) may not be unreasonably withheld. |
| (4) |
Unless there is a collective agreement binding on the trade union that regulates picketing, the commissioner conciliating the dispute must attempt to secure an agreement between the parties to the dispute on rules that should apply to any picket in relation to that strike or lock—out before the expiry of the period contemplated in section 64(1)(a)(ii). |
[Section 69(4) substituted by section 4(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (5) |
If there is no collective agreement or no agreement is reached in terms of subsection (4), the commissioner conciliating the dispute must determine picketing rules, in accordance with any default picketing rules prescribed by the Commission under section 208 or published in any code of good practice, and in doing so must take account of— |
| (a) |
the particular circumstances of the workplace or other premises where it is intended that the right to picket is to be exercised; |
| (c) |
any representations made by the parties to the dispute attending the conciliation meeting. |
[Section 69(5) substituted by section 4(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (6) |
The rules determined by the commissioner conciliating the dispute may provide for picketing by employees— |
| (a) |
in a place contemplated in subsection (2)(a) which is owned or controlled by a person other than the employer, if that person has had an opportunity to make representations to the commissioner conciliating the dispute before the rules are determined; or |
| (b) |
on their employer"s premises if the commissioner conciliating the dispute is satisfied that the employer"s permission has been unreasonably withheld. |
[Section 69(6) substituted by section 4(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (6A) |
The commissioner conciliating the dispute must determine the picketing rules contemplated in subsection (5) at the same time as issuing any certificate contemplated in section 64(1)(a). |
Section 69(6A) inserted by section 4(b) of Notice No. 1304, GG 42061, dated 27 November 2018]]
| (6B) |
The Commission may determine picketing rules under subsections (5) and (6) on a direct application from a registered trade union and on an urgent basis if— |
| (a) |
it has referred a dispute about a unilateral change to terms and conditions of employment in accordance with section 64(4) and the employer has not complied with section 64(5); or |
| (b) |
the employer has given notice of an intention to commence or has commenced an unprotected lockout. |
Section 69(6B) inserted by section 4(b) of Notice No. 1304, GG 42061, dated 27 November 2018]]
| (6C) |
No picket in support of a protected strike or in opposition to a lockout may take place unless picketing rules— |
| (i) |
a collective agreement binding on the trade union; |
| (ii) |
an agreement contemplated in subsection (4); or |
| (b) |
have been determined in terms of subsection (5) |
Section 69(C) inserted by section 4(b) of Notice No. 1304, GG 42061, dated 27 November 2018]]
| (7) |
The provisions of section 67, read with the changes required by the context, apply to the call for, organisation of, or participation in a picket that complies with the provisions of this section. |
| (8) |
Any party to a dispute about any of the following issues, including a person contemplated in subsection (6)(a), may refer the dispute in writing to the Commission— |
| (a) |
an allegation that the effective use of the right to picket is being undermined; |
| (b) |
an alleged material contravention of subsection (1) or (2); |
| (c) |
an alleged material breach of a collective agreement or an agreement contemplated in subsection (4); or |
[Section 69(8)(c) substituted by section 4(c) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (d) |
an alleged material breach of a picketing rule determined in terms of subsection (5). |
[Section 69(8)(d) substituted by section 4(c) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (9) |
The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute. |
| (10) |
The Commission must attempt to resolve the dispute through conciliation. |
| (11) |
If the dispute remains unresolved, any party to the dispute may refer it to the Labour Court for adjudication. |
| (12) |
If a party has referred a dispute in terms of subsection (8) or (11), the Labour Court may, in addition to any relief contemplated in section 68(1), grant relief, including urgent interim relief, which is just and equitable in the circumstances and which may include an order— |
| (a) |
directing any party, including a person contemplated in subsection (6)(a), to comply with a picketing agreement or rule; |
| (b) |
varying the terms of a picketing agreement or rule; or |
| (c) |
suspending a picket at one or more of the locations designated in the collective agreement, agreed rules contemplated in subsection (4) or rules determined by the Commission. |
[Section 69(12) substituted by section 4(d) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (13) |
The Labour Court may not grant an order in terms of subsection (12) unless— |
| (a) |
48 hours’ notice of an application seeking relief referred to in subsection (12)(a) or (b) has been given to the respondent; or |
| (b) |
72 hours’ notice of an application seeking relief referred to in subsection (12)(c) or (d) has been given to the respondent. |
[Section 69(13) inserted by section 9(c) of Act No. 6 of 2014]
| (14) |
The Labour Court may permit a shorter period of notice than required by subsection (13) if the— |
| (a) |
applicant has given written notice to the respondent of its intention to apply for the order; |
| (b) |
respondent has been given a reasonable opportunity to be heard before a decision concerning the application is taken; and |
| (c) |
applicant has shown good cause why a period shorter than that contemplated by subsection (13) should be permitted. |
[Section 69(14) inserted by section 9(c) of Act No. 6 of 2014]
| (15) |
For the purposes of this section, ‘commissioner conciliating the dispute’ includes a person appointed by a bargaining council to conciliate the dispute |
[Section 69(15) inserted by section 4(e) of Notice No. 1304, GG 42061, dated 27 November 2018]
| 16 |
See flow diagram No. 7 in Schedule 4. |
Housing Development Agency Act, 2008
