An analysis of legal implications for participating in an unprotected strike

• Main Author: Mawasha, Mashale B.
• Other Authors: Manamela, Makwena Ernest
• Format: Others
• Language: en
• Published: 2014
• Subjects: Protected strike; Unprotected strike; Compliance; Dismissal; Employers; Employees; Dispute resolution; 344.1892068; Strikes and lockouts > Law and legislation > South Africa; Right to strike > South Africa; Employees > Dismissal of > Law and legislation > South Africa; Collective bargaining > Law and legislation > South Africa; Labor laws and legislation > South Africa
• Online Access: http://hdl.handle.net/10500/13841

The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution. In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. === Mercantile Law === LL.M. (Labour law)