Academic literature on the topic 'Strikes and lockouts – Namibia'

Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2016.<br>The mining sector has been the backbone of the Namibian economy since Namibia attained its independence. However, the disruptive nature of the numerous strikes that are experienced in the mining sector has prompted this study that explores the perceptions held by different stakeholders on the impact of strikes on the productivity of three selected mines in Namibia. The selected mines are Langer Heinrich mine, Navachab Gold mine and Skorpion Zinc mine. Labour disputes in Namibia’s mining sector have a long history dating back to the colonial era. A myriad of factors that include, amongst others, poor remuneration, unfair labour practices, poor social and housing amenities, perceived discrimination and harsh working conditions are major triggers for mining sector strikes. Strikes are mostly conducted by employees when they fail to amicably resolve a labour dispute with their employers. Employees are normally perceived as the backbone of any organisation. Conflicts, however, are part of human nature and can only be avoided, in most cases, if people are conscious of the consequences of their actions and reactions, hence, the need to explore the perceptions of stakeholders on the impact of strikes on the productivity of the selected mines. Human perceptions are dynamic in nature. Irrespective of this fact, in this research questionnaires were administered to obtain the perceptions of mine management, miners and trade union members on the effects of strikes on the productivity of the three selected mines. A different questionnaire was designed to gather the views of the Ministry of Labour and Social Welfare (MLSW) officials since in most cases they are involved in conciliating the disputing parties. Generally, strikes have negative impacts not only on the organisation concerned, but also on the Namibian economy at large. The mines selected for this research are situated in the Khomas, Erongo and Karas regions of Namibia. Most mining companies in Namibia are located in Erongo and Karas, whereas Windhoek, which is in the Khomas region, mainly houses some of these mines headquarters. A five-point Likert scale was used to gather data in the survey. Specialised software called Statistical Program for Social Scientists (SPSS) was then used to analyse the data. Although the results indicate that in most cases the striking parties are aware of the adverse effects of strikes on productivity of the mines, they still opt to use strikes as a bargaining weapon. Since conflicts are always bound to arise where two or more parties interact, this study recommends that there should always be a conciliator who tries to amicably resolve disputes by sensitising each party on the consequences of strikes. The study also recommends a model which emphasises the need to thoroughly inform the mineworkers and the mine management on the ripple effects of strikes and on the need to achieve a win-win situation for all the parties that are involved in a conflict. The model emphasises that although the employees and the employers can individually and separately approach the official, which is the MLSW, such official should always provide open feedback to the feuding parties through a tripartite negotiation forum, otherwise any other type of covert feedback may be misinterpreted as bias by one of the feuding parties. The model further explains that at all times direct negotiations between employees and their employers must be kept open, as it is possible that agreements that can reduce strike action may be reached without necessarily engaging a third party.

Thesis (Ed. D.)--Illinois State University, 1992.<br>Title from title page screen, viewed January 18, 2006. Dissertation Committee: Rodney P. Riegle (chair), Paul Baker, Richard Berg, J. Christopher Eisele, D. Michael Risen. Includes bibliographical references (leaves 193-201) and abstract. Also available in print.

Strike action by employees is globally used in matters of mutual interest in order to place pressure on employers to meet their demands although the right to strike is not contained in any of the International Labour Organisation’s (ILO) conventions or recommendations. Two conventions of the ILO are however relevant in the context of strikes and lockouts.1 The first is the Freedom of Association and Protection of the Right to Organise Convention 87 of 1948 and the second convention of importance is the Right to Organise and Collective Bargaining Convention 98 of 1949, both of which was ratified by South Africa and accordingly binds South Africa to comply with their provisions. The ILO appointed legal experts to assist the drafters of the Labour Relations Act,2 (LRA) in order to comply with these conventions. Furthermore section 3 of the LRA provides that the LRA must be interpreted in compliance with the international law obligations of South Africa. Section 27 of the Interim Constitution3 made provision for both the right to strike and the right of employers to lockout. In the proposed text of the final Constitution the recourse of the employer to lockout was not included. The text of the final Constitution was submitted to the Constitutional Court (CC) for certification in that it had to decide whether the new text of the final Constitution complied with the constitutional principles agreed to by the different political parties as the inviolable framework for the final Constitution. The CC delivered its judgment in Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa4 and concluded that the omission of a right to lockout from the final Constitution does not conflict with constitutional principles. The CC did not agree with the argument, raised by Business South Africa, based on the proposition that the right of employers to lockout is the necessary equivalent to the right of workers to strike and that therefore, in order to treat workers and employers equally, both should be recognized in the new text. The result of this judgment is that employees’ right to strike is expressly protected by section 23 of the Constitution whilst the right of employers to lockout their employees is not expressly entrenched. The employers’ right is however protected by implication through the express protection of the right to bargain collectively in terms of section 23(5) of the Constitution and section 64 of the LRA.

Bibliography: pages 272-298.<br>This study is an attempt to assess the degree to which strikes and stayaways in South Africa are related to broader political developments. Traditional theories of industrial conflict are first evaluated. This is followed by a direct study of industrial conflict in relation to wider political developments in South Africa in the 1970-87 period. The broad themes emerging from these chapters are then compared to established theories pertaining to strike action. The conclusion reached is that certain aspects of theory are of relevance to the South. African situation, but none are adequate in their entirety. It is noted that it is important to include theories covering the nature of broader society to make possible a coherent explanation as to the nature of strikes and stayaways in South Africa. The conclusions reached verify the stated hypothesis that political factors play an important role in determining the nature of strikes and stayaways. Furthermore, it appears evident that this relationship has become stronger over the 1970-87 period, especially following the declaration of the State of Emergency which has severely curtailed most other avenues of peaceful protest.

The majority of South African public schools are not performing well and this is particularly true of the schools in the Eastern Cape Province. Many factors including teacher union strikes contributed to this situation. Teachers’ unions went on strike without considering the rights of learners. The aim of this research was to determine the extent to which teachers’ unionized strikes influence the quality of teaching and learning at selected high schools of Port Elizabeth in the Eastern Cape Province and to determine ways in which the teacher unions can also protect the rights of learners to achieve quality education in these selected high schools. The research consists of a study of relevant literature, followed by a qualitative research design. The sample group consisted of Grade 12 teachers, deputy principals and site stewards from four high schools in the Port Elizabeth District. The researcher trusts that her understanding as presented in the research findings and recommendations will benefit not only herself but will empower all the teacher unions’ members and learners coping with the stress of teaching and learning at times of strikes.