Labour Relations Act, 1995 (Act No. 66 of 1995)RegulationsPicketing Regulations3. Determining picketing rules |
| (1) | If there is no collective agreement and the parties to the dispute do not agree on picketing rules, the commissioner must determine the rules in accordance with the default picketing rules and in doing so must take account of— |
| (a) | the particular circumstances of the workplace or other premises where it is intended that the right to picket is to be exercised; |
| (b) | any relevant code of good practice; and |
| (c) | any representations made by the parties during the course of the conciliation proceedings. |
| (2) | If the parties to the dispute fail to make representations for the purpose of determining picketing rules or provide the conciliator with the necessary information, the conciliator may— |
| (a) | in the case of the employer, designate the owner or senior manager of the employer as the person appointed in terms of clause 8.1 of the default picketing rules; |
| (b) | in the case of the trade union, not determine the picketing rules until the information required in respect of the union convener and marshals has been submitted to the conciliator. |
| (3) | The conciliator must determine the picketing rules and issue them at the same time as the certificate of non-resolution is issued to them. |