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Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 8 : Code of Good Practice: Dismissal

6. Dismissals and industrial action

 

 

1) Participation in a strike that does not comply with the provisions of Chapter IV is misconduct. However, like any other act of misconduct, it does not always deserve dismissal. The substantive fairness of dismissal in these circumstances must be determined in the light of the facts of the case, including-
a) the seriousness of the contravention of this Act;
b) attempts made to comply with this Act; and
c) whether or not the strike was in response to unjustified conduct by the employer.

 

2) Prior to dismissal the employer should, at the earliest opportunity, contact a trade union official to discuss the course of action it intends to adopt. The employer should issue an ultimatum in clear and unambiguous terms that should state what is required of the employees and what sanction will be imposed if they do not comply with the ultimatum. The employees should be allowed sufficient time to reflect on the ultimatum and respond to it, either by complying with it or rejecting it. If the employer cannot reasonably be expected to extend these steps to the employees in question, the employer may dispense with them.