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

11. Time limits
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(1)Section 77 does not expressly set any time limits. They cannot be 'read into' that section because, unlike disputes between unions and individual employers, the kind of issue reserved for protest action is often not one that can be resolved as expeditiously as a labour dispute. 9

 

(2)Protest action should nevertheless not be unduly delayed and should be conducted within a reasonable time having regard to the nature of the matter, the scale of the intended protest action, and the time it would reasonably be expected to take to ensure legal compliance and  the orderly conduct of the protest action.

 

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9 Congress of SA Trade Unions v Business Unity SA [2021] 4 BLLR 343 (LAC).