Factor#1: What is the financial position of the union along with its members?
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It simply wouldn't make sense to award huge claims against a smaller union which would ultimately make it insolvent. Nor would it be good to put your employees in circumstances where they owe you huge amounts of money.
The Court will more than likely take this into consideration before determining whether or not you should be awarded any large claim you might have.
Factor#2: What was the duration of the strike?
If the strike was longer, it means that there will be more damage. And the Court will take this into consideration when deciding whether or not to award you compensation.
Factor#3: Did the employees try to comply with the pre-strike procedures as laid out in the LRA?
In other words, while there might have been a technical error in the strike's procedure, the union and its members may have truly believed that their strike was legal, and that clear attempts were made to try and comply with all pre-strike procedures.
The Court will take this into consideration. And if it finds that they did make an effort, they could show sympathy towards them and deny your claim.
Factor#4: Was the strike in response to your own unjustified conduct?
If your conduct is discovered to have been unreasonable before the strike, which in turn led to it happening, the Court may deny your claim for compensation.
*To learn what the other 3 factors are, head over to Chapter S 02
in your Labour Law for Managers
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