procedurally fair dismissals
report and gain all the knowledge and power to dismiss
an employee legally. You'll receive all the necessary forms and templates and be able to re-use in every dismissal scenario you're ever faced with.
So can you legally dismiss an employee for going on strike?
No, you can't.
Employees are protected by the law of dismissal (Section 67(4) of the LRA)
so a dismissal based on this reason will be automatically considered as unfair (Section 187 (1) (a) and (b) of the LRA
And in case you want to dismiss them make sure you know whether your employees' strike is protected or unprotected.
If you incorrectly assume that the strike is unprotected and you dismiss
the strikers, the cost to your business would be enormous.
Not to mention that if the Labour Court discovers the strike was a protected one, dismissal may be found to be automatically unfair. Which means you may have either pay every dismissed employee up to two years' remuneration in compensation or you'll have to reinstate them with a full back pay for the period between the date of the dismissal and the reinstatement.
These are the most important things you have to bear in mind every time a strike starts in your company so you won't have any issues with the authorities. Follow our posts to find out more about how you can deal with strikes
from both a business and legal perspective.
Untill then, if you have any inquiries about strikes
and the legal procedures or your legal rights ask our experts on our Leabour and Human Resources Club