Strikes can have a number of unpleasant consequences for your company, including financial loss. That's why you need to know how to respond when your employees resort to strike action to minimise the damage it causes.
Generally, there are certain procedural requirements that should be complied with before your employees embark upon a protected strike. But, what happens when these procedures aren't followed and they go in an unprotected strike?
Here's how to deal with an unprotected strike
If your employees don't follow the procedures their strike isn't protected. This means they aren't protected from dismissal.
It also means that as an employer, you can approach the Labour Court for an urgent interdict to prevent them from continuing with the strike.
If employees continue to strike despite an interdict, you can start thinking about dismissal.
Although 'you don't have to first get an interdict before you consider dismissal, it is usually best to do so, as this places you in a stronger position to defend the fairness of the dismissal,' advises the Labour Law for Managers Loose Leaf Service.
What classifies as a procedurally fair dismissal?
To effect a procedurally fair dismissal of striking employees, you're obliged to follow a fair procedure.
This means you must:
There you have it! These are your options should your employees embark on an unprotected strike, use them to help your company minimise the impact of the strike action.