The EFF and various trade unions have indicated their intention to embark on nationwide protest action on Monday, 20 March 2023, to protest the current load shedding and various other socio-economic issues. The protest action is protected under Section 77 of the Labour Relations Act 66 of 1995. Accordingly, companies cannot dismiss employees for participating in such action.
There are widespread attempts to gain traction with the protest, and thus employers should prepare for adversely affected business operations on the day due to such potential action.
Although employees cannot be disciplined for participating in the protest, employees can be disciplined in certain instances for misconduct committed during the protest action. Employees must be advised that the principle of “no work, no pay” shall apply if they fail to work on Monday.
Employees can be encouraged to apply in advance to take annual leave on Monday, should they have leave available to them. Approval of leave would be subject to the operational requirements of the business.
If you have any questions concerning your employees’ planned actions or actions during the protest, kindly contact Invictus at 0861 737 263.
