LABOUR ACT [Chapter 28:01] (as amended) ganisation or federation is not itself resorting to such action; and an attempt has been made to conciliate the dispute and a certificate of no settlement has been issued in terms of section ninety-three. (3) Subject to subsection (4), no collective job action may be recommended or engaged in by— (a) any employees, workers committee, trade union, employer, employers organisation or federation— (i) if the persons concerned are engaged in an essential service; or (ii) if the issue in dispute is a dispute of right; or (iii) if the parties to the dispute have agreed to refer the dispute to arbitration; or (b) any employees, workers committee or employer, if there is in existence a registered trade union or employers organisation which represents the interests of the employees or employers concerned and that trade union or employers organisation has not approved or authorised the collective job action; or (c) any trade union, employers organisation or federation unless the trade union, employers organisation or federation is registered; or (d) any workers committee, if there is in existence a union agreement which provides for or governs the matter in dispute, and such agreement has not been complied with or remedies specified therein have not been exhausted as to the issue in dispute; or (e) any workers committee, trade union or employers organisation, except with the agreement of the majority of the employees or employers, as the case may be, voting by secret ballot. (4) Nothing in subsection (1), (2) or (3) shall be deemed to prevent collective job action from being resorted to— (a) in order to avoid any occupational hazard which is reasonably feared to pose an immediate threat to the health or safety of the persons concerned: Provided that— (i) the occupational hazard has not been deliberately caused by the persons resorting to the collective job action; (ii) the collective job action resorted to shall remain proportional in scope and locality to the occupational hazard in question; (iii) the collective job action shall diminish in proportion as such occupational hazard diminishes; (b) in defence of an immediate threat to the existence of a workers committee or a registered or certified trade union. 104A Picketing (1) In the section— “picket” means a gathering of members and supporters of a trade union or workers committee for either or both of the following purposes— (b) Re-issue (a) demonstrating peacefully— (i) in support of any collective job action; or (ii) in opposition to any lock-out; and (b) peacefully persuading other members of the trade union or workers committee or employees of the industry, undertaking or workplace represented by the trade union or workers committee to take part in the collective job action or demonstration. (2) A registered trade union or workers committee may authorise a picket. (3) Notwithstanding any other law regulating the right of assembly, a picket authorised in terms of subsection (2) may be lawfully conducted— (a) outside the premises of an employer or in any place to which the public has access; and (b) if so authorised by a collective bargaining agreement, or a code of picketing agreed between the Minister and the appropriate advisory council, if any, appointed in terms of section nineteen and prescribed by regulations made in terms of section one hundred and nineteen, inside the premises of the employer concerned in any area that does not substantially affect production. 105 Lock-outs and actions connected therewith No employer or employers organization shall— (a) threaten, recommend or engage in a lockout, except in accordance with sections one hundred and two and one hundred and four; or (b) without the consent of the Minister, lay off, suspend or dismiss any employee or withhold wages or benefits due to any employee as a consequence of or in connection with a lockout. (2) No employer or employers organisation or federation, or official or office-bearer of such employers organisation or federation, shall threaten, recommend, encourage, incite, organise or engage in an unlawful collective job action referred to in paragraph (b) of the definition of that term in section two. (3) Where more than one person referred to in subsection (2) threatened, recommended, encouraged, incited, organised or engaged in the unlawful collective job action, their liability therefor shall be joint and several. 106 Show cause orders (1) Whenever a workers committee, trade union, employers organisation or federation of registered trade unions or employers organisations (hereafter in this section called a “responsible person”) threatens, recommends, encourages, incites, organises or engages in any collective action referred to in subsection (1) of section one hundred and nine (hereinafter in this section and section one hundred and seven called an “unlawful collective action”), the Minister, acting on his own initiative or upon the application of any person affected or likely to be affected by the - 39 - 1st May 2003-