A comparative assessment of the likely effect of 'the Bercusson's statute' on the British and Lesotho law on picketing

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Periodical article

Title:	A comparative assessment of the likely effect of 'the Bercusson's statute' on the British and Lesotho law on picketing
Author:	Mosito, Kananelo E.
Year:	2000
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	13
Issue:	1-2
Pages:	101-122
Language:	English
Geographic term:	Lesotho
Subjects:	labour relations strikes freedom of association labour law
Abstract:	The principles embodied in the Lesotho Labour Code are essentially those deriving from United Kingdom labour legislation. Thus any meaningful assessment of the likely effect of 'the Bercusson's statute' on the Lesotho labour law on picketing must also consider the position on picketing in English law. Bercusson submitted that a 'statute which in principle prohibited the employer from carrying on his operation in the circumstances of a trade dispute would resolve the problems of picketing to a large extent' (1977). Having examined the meaning, nature and purpose of picketing and the broader context of UK labour law, the author finds that the Bercusson's statute does not resolve the many problems raised by picketing as a form of industrial action. He compares Lesotho's approach to picketing. In Lesotho there is a very limited right to strike. The law barely tolerates the liberty to organize, strike and picket. If the intention is to protect pickets, and to favour an employee-friendly industrial relations system, the Bercusson's statute should not be adopted. Notes, ref. [ASC Leiden abstract]