Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeCollective Bargaining, Industrial Action and PicketingPart E : Picketing30. Pickets on employer premises or in other designated areas |
(1) | A picket may take place on the employer's premises or other designated area with the permission of the employer. The permission may not be unreasonably withheld. In order to determine whether the decision of the employer to withhold the permission is reasonable, the factors, which should be taken into account, include— |
(a) | the nature of the workplace e.g. a shop,a factory, a mine etc; |
(b) | the particular situation of the workplace e.g. distance from place to which public has access, living accommodation situated on employer premises, etc; |
(c) | the number of employees taking part in the picket inside the employer's premises; |
(d) | the potential for violence and other unlawful acts; |
(e) | the areas designated for the picket; |
(f) | time and duration of the picket; |
(g) | the proposed movement of persons participating in the picket; |
(h) | the proposals by the trade union to exercise control over the picket; and |
(i) | the conduct of the picketers. |