Reason#1: Nature of the workplace
Legally dismiss striking employees without being taken to the CCMA...
When it comes to dismissing a striking employee if you don't follow the right procedures you could be taken to the CCMA...
Discover how you can avoid being taken to the CCMA by legally dismissing a striking employee.
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You can state the very nature of your workplace simply can't allow for employees to picket inside, or even directly outside, the premises without severely disrupting the working process.
For example, if you have a shop inside a shopping centre, you can justify not allowing your employees to picket directly outside the shop as it can disrupt business within the shopping centre for countless other stores.
Reason#2: Concern for conflict
You could reject picketing employees' demands to picket on your premises out of a fear of conflict arising between non-picketing employees and picketing employees.
This could affect the production process, through possible intimidation, and it could even lead to possible violence and malicious damage to property.
And so by keeping the employees outside of the premises, you can ensure that work can continue without these risks.
*Those were 2 reasons you can use to prevent employees from picketing inside your premises. They'll help you justify your refusal, and in so doing lessen the chances of the CCMA overruling your decision.
To learn more on how to effectively deal with picketing employees, simply page over to Chapter P 15: Picketing
in your Labour Law for Managers
If you don't already have it, click here.