Tag archives: replacement labour

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

By Jason Whyte on April 24, 2023 Posted in South Africa

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?

By Karen Ainslie (ZA) on October 26, 2015 Posted in South Africa

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