Public Servants' Right to Strike in Lesotho, Botswana and South Africa: A Comparative Study.

Abstract

Freedom of association and its cornerstone, the right to strike, are integral to effective labour relations and a free and democratic society. Industrial action serves as a vital counterpoint to managerial prerogative and ensures a fair balance between employer and employee interests in the workplace. The International Labour Organisation (ILO) has promulgated a number of conventions and recommendations promoting the freedom of association,1 including the Convention on Freedom and Protection of the Right to Organise2 (Convention No 87) and the Convention on the Right to Organise and Collective Bargaining3 (Convention No 98).4 Convention No 87 protects the rights of workers and employers without differentiation to establish and join organisations for occupational purposes and guarantees their free functioning. Convention No 98 prohibits anti-union discrimination at the workplace and protects against employers' interference in the affairs of employees' organisations. These two conventions are amongst the most ratified conventions of the ILO.5 By ratifying these conventions, member states undertake to extend the rights and freedoms contained in or created by the conventions to their respective nationals.