Is the employer compelled to provide safe working conditions to employees during a violent strike?

Abstract

ABSTRACT The law entrusts employers with a duty to provide empIoyees with safe and heaIthy working conditions. However, it becomes chaIIenging to discharge this duty if empIoyees embark on a vioIent strike. The vioIence is usuaIIy directed or instigated against non-striking workers and repIacement Iabour. Since vioIence during strikes has become a norm in the South Africa and affects both the way empIoyers conduct their business and the staff that are not on strike, the articIe suggests that empIoyers shouId arm and prepare themseIves for the worse conditions. The non-striking empIoyees become vuInerabIe to attacks by feIIow striking empIoyees. The resuIt is that production or the deIivery of services is interrupted or does not occur. The Iaw is not clear on what should happen to employees who do not discharge their duties as a result of fearing for their lives. The article submits that due to fragile conditions during a violent strike, the employer should provide employees with unpaid leave to protect them from violence. This may alleviate fears that such employees might lose their employment due to absence from work. The article further suggests that unions should demonstrate a form of social responsibility when negotiating with the employer. Key words: Strike; violence; safe and healthy working conditions; non-striking workers; unpaid leave; responsible trade unionism.