Procedural fairness in unprotected strike dismissals

Nel, Werner

Title: Procedural fairness in unprotected strike dismissals
Creator: Nel, Werner
Subject: Strikes and lockouts -- Law and legislation -- South Africa
Subject: Labor laws and legislation -- South Africa
Subject: Employees -- Dismissal of -- Law and legislation -- South Africa
Subject: South Africa. Labour Relations Act -- 1995
Date Issued: 2003
Date: 2003
Type: Thesis
Type: Masters
Type: LLM
Identifier: vital:11049
Identifier: http://hdl.handle.net/10948/314
Identifier: Strikes and lockouts -- Law and legislation -- South Africa
Identifier: Labor laws and legislation -- South Africa
Identifier: Employees -- Dismissal of -- Law and legislation -- South Africa
Identifier: South Africa. Labour Relations Act -- 1995
Description: The Labour Relations Act contains a definition of a strike which reads as follows: “’strike’ means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.” The Labour Relations Act offers strikers special protection against dismissal if they conform with the Act and its provisions. Hence the distinction between those strikes and protest action in compliance with the Act, namely ‘protected’ strikes and protest action, and those strikes and protest action in violation of the Act, namely, ‘unprotected’ strikes and protest action. Participation in an unprotected strike is one form of misbehaviour. The Labour Relations Act expressly prohibits the dismissal of employees engaged in a lawful strike. Employees engaged in strike action contrary to the provisions of the Labour Relations Act may be dismissed since their strike action is deemed to be a form of misconduct. The dismissal of striking employees must be both substantially and procedurally fair.
Format: iii, 47 leaves
Format: pdf
Publisher: University of Port Elizabeth
Publisher: Faculty of Law
Language: English
Rights: Nelson Mandela Metropolitan University

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