COSATU once again has called upon all workers to support a socio-economic protest by engaging in various forms of protest action, including marches and pickets. In terms of its notice, the planned protest will commence at 00h00am and end at 23h59 pm on 6 October 2023. All nine provinces across the country and all major cities may experience protest action.
Members are advised that NEDLAC is satisfied that all procedural requirements have been met, and therefore the planned protest is protected in terms of the Labour Relations Act. Consequently, employees who decide to participate in the protest will be protected by the statutory rules regarding protected strike action, and therefore may not be disciplined or dismissed for participating.
Members are reminded that the ‘no-work-no-pay’ principle applies during this period. Furthermore, this principle will apply in instances where members receive notification from their employees informing them that they are unable to report for duty on the day due to unrest or due to them receiving threats or being intimidated. In this instance, the common law principle of supervening impossibility of performance is invoked and members are absolved of their obligation to remunerate such employees for that day since performance of their service has become temporarily impossible through no fault of the employer party concerned.
Lastly, kindly take note that Cosatu has reserved its right to extend the programme of action should it be deemed necessary. Any further information received regarding this matter will be circulated to all members.
If you have any queries in this regard, please contact your local IR Specialist: IR Contacts – Retail Motor Industry Organisation (rmi.org.za)