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Bad News for all Mzansi ||• What options does govt & Eskom have to compel workers back to work?

What options does the government and Eskom have legally to compel workers to report back to work?

By Zaid Kriel What can be done to encourage people to return to work given the ongoing power shortages brought on by the strike action?


The citizens of South Africa, small businesses, the national economy, Eskom, and even the labour unions themselves are all suffering as a result of the continued strike action by some power utility employees.

Wasanga Mehana tried to learn what legal options were available to compel striking workers to return to their employment by speaking with Riona Kalua.

All South African people have the right to participate in strikes, however there are restrictions, as with most legal rights, according to Kalua.

Strike rights must be weighed against other essential rights, such as those connected to food, labour, and healthcare, as they are not unrestricted freedoms. This has been acknowledged by the Labour Relations Act, which also places some restrictions on the ability to strike. One such restriction is the prohibition on strike participation for those working in critical services.

Riona Kalua is Poswa's Director of Labor & Employment Law.

Kalua argued that the continuing strike by the employees of Eskom does not qualify for the Labour Relations Act's protections.

What is Eskom's option given this information?

Eskom is legally permitted to issue ultimatums to force employees to report; if they don't, disciplinary action, like as dismissal, may be taken.

Eskom may also urgently request that the Labour Court issue an interdict stopping the unprotected strike. The strikers would be in contempt of court and subject to possible jail if there is no compliance in that situation.


What legal options do Eskom, govt have to force workers to return to work? via @ewnreporter

Content created and supplied by: MzansiMgozi (via Opera News )

Eskom Mzansi South Africa Wasanga Mehana Zaid Kriel


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