Description

The Labour Relations Act, 1995, recognises the right to picket. A registered trade union may authorise a picket by its members and supporters for the purposes of peaceful demonstration.

A picket may be held in any place to which the public has access, but outside the premises of an employer or, with the permission of an employer, inside the employer’s premises.

A registered trade union or the employer can request the Commission for Conciliation, Mediation and Arbitration (CCMA) to attempt to secure an agreement between the parties to the dispute on the rules that should apply to any picket in relation to the strike or lockout. If there is no agreement reached, the CCMA must establish the picketing rules, taking into account the particular circumstances of the workplace or other premises for picketing and any relevant code of good practice.

The rules may permit the employees to picket on the employer’s premises if the CCMA feels the employer was unreasonable in refusing the picket inside the premises.

Steps to follow

• A registered trade union or employer must complete the LRA 4.1 form to request the CCMA to secure agreement on picketing rules during a strike or lockout and serve a copy to other party.
• Supply proof that a copy of this form has been served on the other party by attaching
  • a copy of a registered slip from the Post Office
  • a copy of a signed receipt if the form was delivered by hand
  • a signed statement from the person who delivered the form that confirms service; or
  • a copy of a fax confirmation or any other satisfactory proof of service.
• Send the completed form to the Registrar: Provincial Office of the CCMA.

Note: If more than one party is involved in the dispute or if the dispute is against more than one party, write down the additional names and particulars on a separate piece of paper and attach these details to the form.

Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Labour Relations Act, 1995 (Act 66 of 1995), Section 69(4)

Service standard

This will depend on how long it takes to resolve the dispute.

Cost

The service is free.

Forms to complete

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

CCMA request to establish picketing rules, Form LRA 4.1

Contact details

CCMA call centre number: 0861 16 16 16