[17]   A protected strike, which is a permissible mechanism to give effect to the right to bargain collectively, cannot extend further than the permissible bargaining issues.  Every worker has the right to strike.  But the right to strike like other rights set out in the Bill of Rights may be limited in terms of a law of general application to the extent provided for in section 36(1).  Section 64(1) of the LRA, a law of general application, echoes the constitutional provision.  It provides that every employee has the right to strike subject to certain procedural conditions.  Section 65 of the LRA limits the right to strike in several respects. One of the limitations gives expression to a so-called peace clause in terms of which the parties agree that neither employers nor employees may lock-out or strikes for the period and concerning the issues agreed upon. [Footnotes omitted].

CSS Tactical (Pty) Ltd v Socrawu (JA69/14) [2015] ZALAC 37; (2015) 36 ILJ 2764 (LAC) (24 June 2015) per Landman JA [Tlaletsi DJP and Ndlovu JA concurring] at para [17].

LAC summary:

Employer seeking to interdicting strike in support of certain demands – parties concluding agreement at national level on certain issues – agreement specifying issues negotiating at national level and at company level- employer contending that issues raised by union at company level ought to be negotiated at national level – employer conceding only at the appeal stage that some issues negotiating at company level – evidence proving national agreement silent on remaining issues – striking on remaining issues not limited by national agreement and union having constitutional right to strike on these issues – Appeal dismissed with costs.