The breakdown in talks between Lonmin and Amcu has paved a way for a possible strike.
Amcu had vowed failure to reach a union recognition agreement would result in workers downing tools. Meanwhile, Lonmin has said the strike would be illegal.
The South African Chamber of Mines has warned the labour unrest at Lonmin could spread to other mines reports The Citizen.
While you may not be in the mining sector, an unprotected strike could be a reality for you too and it can have a number of unpleasant consequences for your company, including financial loss.
That's why you need to be prepared and know what to do when your employees go on an unprotected strike.
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: