Open AccessIS THE USE OF VIDEO FOOTAGE DURING INDUSTRIAL ACTION A SOLUTION TO LIABILITY FOR COLLECTIVE MISCONDUCT? – PART 1
Author(s) -
Mlungisi Tenza
Publication year - 2017
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v38i2.11438
Subject(s) - dismissal , commission , liability , harm , misconduct , action (physics) , industrial action , political science , compensation (psychology) , law , cause of action , business , law and economics , psychology , sociology , plaintiff , social psychology , physics , quantum mechanics
The issue of strikes turning violent has been a hot potato in industrial relations in South Africa. Strikers vandalise property and sometimes harm innocent people or members of the public. It has been difficult to hold liable either the convening union or individual members involved in the commission of such acts. Unions often deny liability for damage caused under these circumstances and deny having relations with those involved in the commission of such acts. It is also difficult for victims of violent industrial action to hold all participants liable for the damage caused. The article recommends that assistance needs to be sought from the CCTV cameras. The footage captured by these cameras should be used to show exactly who committed the conduct complained of. If a person is identified through CCTV footage as the one who committed the unlawful act and such person being linked to the convening union, the union should account for such conduct. Unions are assumed to be in control of the movement of strikers when it is pending. It should be held liable on the ground that it is expected to take certain measures or reasonable steps to prevent violent acts by its members. Victims of such conduct would then have an action and a claim for remedies against the union. However, the union can have recourse against responsible members. The remedies available to victims include an application for an interdict, a claim for a just and equitable compensation and dismissal provided a fair procedure has been followed.