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 in terms of Section 64(4) of the LRA. 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 a ‘protected’ strike.

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

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

The employees can demand that the changes must be delayed until the matter has been addressed by the CCMA.

The employer must comply with the demand within 48 hours from the time it receives the Referral of Dispute notice failing which the ‘protected’ strike may begin.