BB (Pty) Ltd ('BB') is a company which manufactures face masks and face shields for protection against
Question:
BB (Pty) Ltd ('BB') is a company which manufactures face masks and face shields for protection against Covid-19 and the majority of its employees are members of Masks Workers Union ('MWU'). MWU approached BB for a wage increase of 15% based on the fact that its members have been working hard due to the high demand of masks, however, BB refused to grant them the increase due to the fact that the lockdown had a negative impact on its finances. A dispute was referred to a private conciliator in terms of a collective agreement which regulates the strike procedure, however, parties still failed to reach agreement. As a result, members of MWU decided to engage in a strike in order to force BB to accept their demand.
Answer the following questions with reference to relevant legal authority:
(i) Discuss whether the strike by members of MWU will be protected and whether BB will be required to pay members of MWU their salaries while they are on strike.
(ii) Assuming that the strike by members of MWU was protected, advise them on another possible action they can use in addition to the strike to put pressure on BB and indicate the requirements which must be met for that action to be protected.