The feasibility of localised strike action by educators in cases of learner misconduct

Abstract

Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective legal framework, South African schools regularly witness incidents where fundamental rights of educators are infringed. Numerous educators are currently convinced that their rights are put second to the rights of learners, even in cases of physical or psychological violence against them. Where ineffective enforcement of legislation by the state occurs, educators’ security is undermined. This article explores various ways of compelling the employer to enforce existing legislation effectively against learner delinquency that may impact on the security of a specific group of educators. The basic claim of the article is that industrial action by educators in the form of localised strikes is feasible, provided that all other remedies have been exhausted. It is concluded that justice should be visibly reinstated by the state as employer, in all cases where educators’ right to security are violated.