If an employer makes changes to employees’ conditions of employment without negotiating with employees, employees can refer a dispute to the CCMA or Bargaining Council. They can then give the employer 48 hours notice to restore the status quo (to take things back to what they were) failing which they can go on strike.

When referring the dispute to the CCMA or Bargaining Council and giving notice to the employer, employees can demand:

• That the employer not implement the changes, if the employer still plans to change their conditions, OR
• That the employer restore their original conditions of employment, if the employer has already changed their conditions

The employees can demand that the changes must be delayed:

• Until conciliation has taken place, or
• if no conciliation takes place, until 30 days have passed since the referral was received by the CCMA or Council

The employer must comply with the demand within 48 hours from the time it receives the notice failing which the strike can begin and the employees will be protected.