Management may be aware, from media reports, that the Congress of South African Trade Unions (COSATU), intends calling workers to support a socio-economic protest action on Wednesday, 26 February 2025. This action is confined to the Western Cape.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions or federations such as COSATU, to undertake protected protest action to promote the social and economic interests of workers provided that they observe the procedural requirements contained in Section 77 (1) (b) of the LRA 66 of 1995, as amended.
This application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA. COSATU can therefore go on protest action based on their notice submitted on NEDLAC on 4 February 2025. Procedurally, they have met the requirements.
Consequently, any employees participating in any action on 26th February 2025 will be protected by the normal rules regarding protected strike-action, namely: no-work-no-pay and no disciplinary action.
Management Guidelines on Possible Absenteeism on Wednesday, 26 February 2025
SEIFSA recommends that management adopt the following course of action in dealing with any stay-away from work on Wednesday, 26 February 2025:
Inform all workers that any absences related to the protest action will be treated on the following basis:
- no work, no pay;
- no disciplinary action for participation in the protest action but excluding any misconduct during the protest;
- a shift for leave-pay and leave-enhancement pay qualification purposes will be lost in respect of the day’s absence; and
- any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Wednesday, 26 February 2025.
The Staff of the SEIFSA Industrial Relations Division are available on (011) 298-9400 to provide any further advice and/or assistance to management on the contents of this management brief.
