As strike season looms, it is necessary to remember that no employer is immune from industrial action. The fact that an institution called Productivity SA is currently facing the threat of strike is a somewhat ironic confirmation of this. As many employers in SA struggle to remain profitable in a difficult economic and political climate, the temptation to outsource, mechanise or restructure their businesses has become a serious consideration. The constant threat of a strike is a source of serious concern to employers as well as, increasingly, the possibility of violence and intimidation during a strike. The Labour Relations Act 66 of 1995, as amended (LRA), makes no provision for denouncing violence that occurs during strikes. Neither does it provide employers with appropriate recourse to deal with any violence. On many occasions, court orders requiring strikers to act lawfully and refrain from engaging in acts of violence are flatly ignored. For strikes to be conducted in an organi...

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