Your employees have gone on an unprotected strike. Give them these three ultimatums
So, your employees have gone on an unprotected strike. Now what?
Well, you can view your employees' participation in an unprotected strike as a form of misconduct. But first, you'll need to notify them of the fact that the strike is unprotected.
Once you have done that, you can let them know that if they don't return to work, you'll dismiss them.
Having said that, here are three ultimatums you can give to your employees, on an unprotected strike, advising them to return to work:
1. First ultimatum to return to work
This written ultimatum must have a reasonable time period for the employees to return to work. Also, the ultimatum must not have any other unreasonable and unfair demands attached to it.
It must be read out and interpreted to the workers.
Copies of this ultimatum must be placed on the notice board, sent to the spokesperson as well as the trade union, if it isn't present.
2. Second ultimatum to return to work
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This written ultimatum must also include a reasonable period time for the employees to return to work and mustn't have any unreasonable demands attached to it.
Once again, you must read it out and interpret it to the workers and give copies to the above-mentioned parties.
3. Final ultimatum to return to work
The same rules and procedures, as mentioned in 1 and 2 must still be adhered to.
So then, what happens if the workers return after the first or second ultimatum?
The ultimatum will clearly state that you have the right to take disciplinary action. This would be the case regardless of whether or not the employees returned to work.
If they do return after the first or second ultimatum, then you can take disciplinary measures against them for participating in unlawful industrial action.
What happens if they return after the final ultimatum?
If the employees return to work after the final ultimatum's expiry date, then you can issue notices of suspension as well as a notice to attend a disciplinary hearing.
Remember that whether the employees return to work or not, you must still take disciplinary action if they caused any damage to company property.
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