MyPE

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Wednesday’s Strike is NOT a Strike

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Cosatu will mobilise its members in a Mass Protest against labour brokers and the Gauteng e-tolling system on Wednesday, 7 March 2012. 32 marches will be taking place around the country with all starting at 9:00 am.

Port Elizabeth participants will gather at the Nangoza Jebe Hall in New Brighton and march to the City Hall on Vuyisile Mini Square where the main speaker will be the COSATU 2nd Deputy President, Zingiswa Losi.

Presumably in an effort to boost lagging sales this protest action has incorrectly been described in many of the print media as a “national strike”.

A strike is a refusal to work for the purpose of remedying employees’ grievances or resolving a dispute between an employer and its employees.

A protest is the refusal to work for the purpose of defending or promoting the socioeconomic interests of workers. Cosatu is calling upon workers to protest by engaging in work stoppages, rallies, marches, demos and pickets in all major towns and cities.

In terms of section 77 of the Labour Relations Act, such protest action takes on the “cloak” of a protected strike action as contemplated in section 67 of the Labour Relations Act, provided due application has been made by the Umbrella Union to NEDLAC at least 14 days before it is intended and has been approved. Only a Court Order by the Labour Court prohibiting such protest action will prevent such action.

Anyone participating the march will enjoy protection against dismissal for such participation, but is NOT entitled to receive payment for the period of his or her participation during such action.

It is therefore a ‘no work, no pay’ situation, as is the case with protected strike action.

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.