This is an update on the section 77 application brought by NUMSA in respect of the Employment Tax Incentive Act.
Subsequent to the Section 77 application that was brought by NUMSA in respect of the Employment Tax Incentive Act, an initial meeting was convened at NEDLAC on 3 February 2014. No agreement or deadlock was declared, and NEDLAC scheduled a further meeting for Friday, 14 February.
It has come to our attention that NUMSA has already issued notices or statements that indicate they will be on strike on 26 February. It is our view that protest action in terms of s77 of the LRA is only legal or protected if the issue in dispute has been considered or finalised by NEDLAC and the union concerned has given 14 days’ notice of its intention to proceed with such protest action. In the absence of these conditions, any protest action would not be protected.
Therefore, should any of your employees join in the strike action on 26 February, the normal rules regarding unprotected strikes should apply.
Should you have any question/s regarding this please do not hesitate to contact me. I will also keep you updated on developments in this regard.
Johnny Goldberg
Global Business Solutions