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Constitutional Court clarifies the use of replacement labour during strikes and lock-outs

Photo of Jason Whyte
By Jason Whyte on April 24, 2023

This blog was co-authored by Heidi Davis, Trainee Associate

On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.

Following unsuccessful claims in both the…

Posted in South Africa

Lock out notices may also be issued to unions not party to wage negotiations

Photo of Karen Ainslie
By Karen Ainslie on May 8, 2015

This article was written by Lara Kerbelker, an Associate at Norton Rose Fulbright South Africa

On 6 May 2015, the Labour Appeal Court handed down judgment in Putco v TAWUSA, which has significant implications for collective labour law in South Africa. A collective agreement, and therefore lock-out notices, extend to bind unions who are…

Posted in South Africa

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