LABOUR ACT [Chapter 28:01] (as amended) unlawful collective action, may issue an order calling upon the responsible person to show cause why a disposal order should not be made in relation thereto. (2) A show cause order— (a) shall specify— (i) the date, time and place at which the responsible person must appear before the Labour Court to show cause why a disposal order should not be made; and (ii) the order or action desired or proposed; (b) may direct that pending the issuance of a disposal order, the unlawful collective action concerned be terminated, postponed or suspended. 107 Disposal orders (1) On the return day of a show cause order the Labour Court shall, at the time and place specified in the order, inquire into the matter and shall afford the parties concerned an opportunity of making representations in the matter. (2) After conducting an inquiry in terms of subsection (1), the Labour Court may issue a disposal order directing that— (a) the unlawful collective action be terminated, postponed or suspended; or (b) the issue giving rise to the unlawful collective action concerned be referred to another authority to be dealt with in terms of Part XII and that, pending the determination of the issue in terms of that Part, the unlawful collective action concerned be terminated, postponed or suspended. (3) Without derogation from the generality of the powers conferred upon the Labour Court in terms of subsection (2) to make a disposal order, such order may provide for— (a) in the case of an unlawful collective action other than a lock-out— (i) discharge or suspension of an employer’s liability to pay all or part of the wages or benefits due to specified employees or categories of employees engaged in the unlawful collective action, in respect of the duration of such collective action or part thereof; (ii) the employer, in his discretion, to dismiss summarily, or lay off or suspend with or without pay, specified employees or categories of employees engaged in the unlawful collective action; (iii) the lay off or suspension, with or without pay, of specified employees or categories of employees not engaged in the unlawful collective action for such period as may be specified where such lay off or suspension is necessitated by the collective action; (iv) the dismissal of specified employees or categories of employees engaged in the unlawful collective action; (v) the prohibition of the collection of union dues by any trade union concerned for such period as may be specified; Re-issue (vi) the suspension or rescission of the registration of the trade union involved in the collective job action; (b) in the case of an unlawful collective action consisting of a lock-out— (i) where wages or benefits due to employees have been withheld or suspended, the payment of such wages or benefits; (ii) the resumption of the normal operations of the undertaking concerned; (iii) where any employees have been laid off, suspended or dismissed, the reinstatement of such employees with all necessary wages, compensation and other related benefits; (iv) the suspension or dismissal of specified managerial employees who are responsible for or have provoked, or contributed to, the lock-out. 108 Protection of persons engaged in lawful collective action (1) In this section and section one hundred and nine— “lawful collective action” means any collective job action that complies with this Part in respect of its notification and other matters provided for under this Part, and “unlawful collective action” shall be construed accordingly. (2) It shall not be a delict or breach of contract for any workers committee, registered trade union, registered employers organisation or registered federation of registered trade unions or employers organisations (hereinafter in this section called a “protected person”) to threaten, recommend or engage in a lawful collective action, and no protected person shall be liable to any civil liability or proceedings therefor other than as specified in this Part: Provided that such immunity from suit shall not extend to wilful acts or omissions threatening or resulting in the destruction of, or damage to, property other than the perishing of goods caused by employees’ absence from work on account of such collective action. (3) All individual employees and officials or office-bearers of a protected person, shall be entitled to the same immunity as is conferred upon a protected person in terms of subsection (2) and, in addition, his employment shall not be terminated on the ground that he has threatened, recommended or engaged in any lawful collective action. (4) An employer is not obliged to remunerate an employee for services that the employee does not render during the lawful collective action except where the employee’s remuneration includes payment in kind by way of accommodation, the provision of food and other basic amenities of life, in which event the employer shall not discontinue such payment in kind unless the employee declines such remuneration: Provided that, at the conclusion of the collective action, the employer may recover the monetary value of such remuneration by action instituted in the Labour Court. - 40 - 1st May 2003-