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Before you fire striking employees like the SABC just did, consider THIS

by , 20 August 2014
On Monday, about 16 cast members from the local soapie, Generations were fired.

This after, they went on an illegal strike over higher wages, extended contracts and royalties from rebroadcast episodes. The company that produces Generations sacked the actors after they ignored an ultimatum to return to work.

Lawyers representing the actors say they'll now take legal action.

As you watch how this pans out, take a look at what you must consider before you fire striking employees. After all, just because you're not in show business doesn't mean you're immune to strike action.


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Discover the essential components of a strike and effectively manage striking employees...

If strikes aren't managed properly they could spiral out of control and become violent...

Leaving your company crippled by work disruptions and loss of profits...

Discover how you can avoid strikes from ruining your company here.

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What you must consider before you dismiss striking employees
 

If your employees go on an unprotected strike, you can dismiss them.

Sound simple?

Not quite. The Code of Good Practice says you must consider certain factors to ensure the dismissal is fair. You must consider things like:

#1: The seriousness of the contravention of the Labour Relations Act (LRA)

According to the Labour Law for Managers Loose Leaf Service, the attitude of the Labour Court is that if your employees demonstrate a complete disregard for the procedures of the LRA, they get less sympathy.

#2: Whether the strike was in response to your unjustified conduct

The courts will question the fairness of the dismissal if your conduct was unjustified.

For example, if you refuse to discuss the issue giving rise to the strike with your employees, the strike may be regarded as justified even though it's unprotected. However, an illegal strike won't be considered justified if you refuse to comply with a union's wage demand.

But be warned, if you provoke the strike or negotiate in bad faith prior to the strike, the courts will sympathise with your employees more.

These are just some of the things you must consider before you dismiss striking employees. To get the rest of the considerations, check out the Labour Law for Managers Loose Leaf Service so you can ensure the dismissal is fair.
 

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