Effective Strike Management: Practical Strategies to Protect Your Business

GBS
4 days ago
2 min read

Navigate strikes legally and strategically in 2025 with clarity and confidence

Strikes, lock-outs, and picketing remain among the most disruptive challenges that South African workplaces face. Whether driven by wage disputes, working conditions, or industrial relations breakdowns, these actions can quickly escalate—bringing with them legal, reputational, and operational risks.

Understanding the legal framework is essential. The Labour Relations Act (LRA) outlines strict requirements around lawful strikes, ballot procedures, dispute referrals, and the distinctions between protected and unprotected action. Failing to comply—or misunderstanding these rules—can leave businesses exposed.

Core Principles of Strike Management

Know the legal thresholds
Strikes only qualify as protected when proper procedures, such as valid balloting and sufficient notice, have been followed.
Recognise when strikes become unprotected
Unprotected or violent action changes the employer’s legal responsibilities and often requires a swift, decisive response.
Handle dismissals with care
Employers must consider the Code of Good Practice before dismissing striking workers, balancing operational needs with fairness and compliance.
Understand lock-outs and picketing rules
While employers may lock out workers as a negotiation tactic, this too has clear legal boundaries. Similarly, picketing must remain within regulated limits to avoid escalation into unlawful protest.
Plan for essential services
In industries where disruption could have serious consequences, minimum service agreements are crucial to maintaining business continuity.

Why Preparation Matters

Industrial action often arises suddenly and can trigger strong emotions on all sides. Employers who prepare in advance—by aligning management teams, understanding the law, and putting processes in place—are better positioned to manage the situation calmly, fairly, and effectively. Proactive strategies reduce the risk of reputational damage, compliance failures, and costly legal disputes.

Building Capability in Your Team

For leaders, HR professionals, and compliance officers, staying up to date with the latest case law and practical strategies makes a measurable difference when tensions surface. Regular training and scenario planning help organisations act with confidence instead of panic when industrial action occurs.

A Practical Next Step

For those looking to deepen their understanding of these issues, a virtual session on Effective Strike Management will be taking place on 15 September 2025. The half-day workshop focuses on the legal and procedural aspects of strikes, lockouts, and picketing, offering practical insights into managing these challenges responsibly.

More details can be found here: Effective Strike Management Workshop

Join us at the Annual Labour Law Update. This year's theme is Labour Law at the Crossroads: Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law. What you'll gain: