Section 77 of the Labour Relations Act, 1995, gives workers the right to take part in protest action to promote or defend their socio-economic interests and protects them against dismissal and other disciplinary action. It also gives the National Economic Development and Labour Council (Nedlac) – as a policy-making body made up of representatives from government, business, labour and the community – the task of bringing the parties together to attempt to resolve the reasons for the protest action.
Nedlac has to be informed of the protest action on a specific form (LRA 4.5). On this form the reasons for and nature of the intended action must be stipulated. This does not include the date of intended action, as this might undermine the process of consensus seeking.
If attempts at resolution fail, the union or federation must serve a second notice on Nedlac to inform them of its intention to proceed with the protest action. This second notice must be served on Nedlac at least 14 days before the protest action.