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The liability of trade unions for conduct of their members during industrial action

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dc.contributor.advisor Dekker, Adriette Hendrina Mlungisi, Ernest Tenza 2017-09-18T07:42:27Z 2017-09-18T07:42:27Z 2016-11 2017/09/18
dc.identifier.citation Mlungisi, Ernest Tenza (2016) The liability of trade unions for conduct of their members during industrial action, University of South Africa, Pretoria, <>
dc.description.abstract South Africa has been experiencing a number of violent strikes by trade unions in recent times. The issue is not only to hold unions liable for damage caused during strikes, but also to reduce the number of violent strikes. This study investigates if victims of such violence can hold trade unions liable for the violent acts committed by their members during industrial action. The Labour Relations Act, 66 of 1995 (LRA) makes provision for the dismissal of employees who commit misconduct during an unprotected strike. It also provides the remedy of an interdict and a claim for just and equitable compensation which can be made against the union, during an unprotected strike. It is further possible to hold the union together with its members liable for damages in terms of the Regulation of Gatherings Act, 205 of 1993 (RGA). The study argues that a strike or conduct in furtherance of a strike that becomes violent could lose protection and the trade union should consequently be held liable, in terms of the LRA and/ or the RGA, for damages caused by its members. This study investigates the position in Canada, Botswana and Australia to determine if there could be any other basis upon which to hold trade union liable for the conduct of its members. The study recommends that the common law doctrine of vicarious liability should be developed by the courts to allow trade unions to be held liable for damages caused by members during violent industrial action. Policy considerations and changing economic conditions and the nature of strikes in the Republic favours the expansion of the doctrine of vicarious liability to trade union member relationship. en
dc.format.extent 1 online resource (xxiii, 349 leaves) en
dc.language.iso en en
dc.subject Industrial action en
dc.subject Strike en
dc.subject Violent conduct of members or participants en
dc.subject Trade union liability en
dc.subject Trade union denial en
dc.subject Common law doctrine of vicarious liability en
dc.subject Development of the common law en
dc.subject Amendment of the Labour Relations Act en
dc.subject Secret ballot requirement en
dc.subject Majority requirement for ballot outcome en
dc.subject Suspension of industrial action en
dc.subject Limitation of participation in industrial action to union members en
dc.subject Interest arbitration en
dc.subject Picket en
dc.subject.ddc 344.1892068
dc.subject.lcsh Strikes and lockouts -- Law and legislation -- South Africa en
dc.subject.lcsh Tort liability of labor unions -- South Africa en
dc.subject.lcsh Labor unions -- Law and legislation -- South Africa en
dc.subject.lcsh Liability (Law) -- South Africa en
dc.subject.lcsh Industrial relations -- South Africa en
dc.subject.lcsh Picketing -- Law and legislation -- South Africa en
dc.title The liability of trade unions for conduct of their members during industrial action en
dc.type Thesis en
dc.description.department Mercantile Law en LL. D.

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