Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Protest Action to Promote or Defend Socio-Economic Interests of Workers (Section 77 of the Act)

Part C: Procedural Requirements

10. The sequence of the section 77 referral

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(1)The section 77 referral must be processed in the following sequence:
(a)service of the section 77 (1)(b) notice (Form LRA 4.4);
(b)consideration as contemplated in section 77 (1)(c) by NEDLAC or an independent facilitator appointed by the standing committee or another appropriate forum determined by the standing committee in terms of item 24; and
(c)service of the section 77 (1)(d) notice (Form LRA 4.5).7

 

(2)Protest action cannot be launched until the processes envisaged in subitem (1) have been concluded. 8

 

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7 Business SA v GOSA TU [1997] 5 BLLR 511 (LAC).
8 Ibid