Strike Management Skills (SMS)

Special features:

  • Real nuts and bolts of organised labour/ management negotiations
  • Extensive role plays based on actual scenarios experienced

Who should attend?

  • HR professionals entrusted with annual negotiations
  • Company chief negotiators
  • Company mandate givers
  • Trade union office bearers and labour law advisors
  • Shop stewards
  • Company legal officers
  • Line managers entrusted with annual negotiations
  • Negotiation support teams: Senior management of company Security departments; Finance; Company Secretariat, etc.
  • More information

    Course duration:  2 days

    Course dates:

    18-19 May 2017
    20-21 July 2017
    18-19 Sept 2017

    Venue/s: Pretoria-specific venue to be advised

    Course fee:  R5800-00 per delegate

    In-house presentation:  Can be arranged at reasonable discounted fees.

    Click here to download course brochure Strike Management Skills SMS

    Click here to see our course presenters

    The Challenge

    Did you know that South Africa has one of the highest rates of industrial action which is characterised by strikes that are among the most violent in the world? Figures released through the Department of Labour's 2014/2015 Annual Industrial Action Report confirm this. In fact, this trend has been noticeable since 2012:

    In 2012, South Africa recorded a loss of 17 million working hours and of these 16 million were in the mining sector as a result of 99 strike, 45 of these were unprotected.

    Between 2007 and 2011, we experienced an average of 65 strikes a year.

    The international standard measures the number of working days lost owing to industrial action per 1000 employees:

    Between 2005 and 2009, France and Belgium registered the highest rate of work stoppages respectively at 159.4, 132 and 78.9 yearly average days lost between 2005 and 2009.

    The global yearly average for the same period was 30.6 days.

    For the period 2006 to 2011, for every 1 000 working South Africans, approximately 507 working days were lost a year as a result of strikes.

    The above calls for prudence by management in the management of strikes

    Course outline

    Module 1: The cost of industrial action in South Africa

    • Work stoppages by lost working days, time and wages
    • Protected and unprotected strikes
    • Wages lost by province
    • Work stoppages by industry
    • Working days lost by industry
    • Main causes of strikes by working days lost

    Module 2: Legislative protection of the right to strike

    • The Constitution
    • International Labour Organisation standards
    • The Labour Relations Act

    Module 3: Limitations to strikes as per Section 65 of the LRA

    • Collective agreement
    • Arbitration is prescribed
    • Referred to arbitration or Labour Court
    • Essential or maintenance services
    • Existence of an award or collective agreement
    • Regulation by determination
    • Existence of a dispute

    Module 4: Legal consequences of protected and unprotected strikes

    • Procedural requirements for a strike
    • Conciliation
    • Prior notice
    • Where parties need not comply
    • Consequences of protected strikes
    • Civil liability
    • Dismissal
    • Payment of remuneration
    • Protection against discrimination
    • Other matters related to protected strikes
    • Dismissal for misconduct
    • Dismissal for operational reasons
    • Consequences of unprotected strikes
    • Interdicts and compensation
    • Dismissal of strikers : substantive and procedural fairness
    • Use of replacement labour
    • Protected and unprotected pickets

    Module 5: Strike management

    • Company philosophy in dealing with strikes
    • Strike/emergency contingency plan
    • Strike management process
    • Structures
    • Planning
    • Strike rules
    • Post-strike actions