Tag archives: replacement labour

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

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 … Continue reading

Replacement labour: what happens when the strike ends, but the lockout continues?

This article was written by Lara Kerbelker, an associate at Norton Rose Fulbright South Africa  On 6 October 2015, the Labour Court handed down judgment in SACCAWU v Sun International, which clarified the use of replacement labour during a lockout. The Labour Court found that an employer’s right to use replacement labour during a lockout … Continue reading