Tag: UnprotectedStrike
Firing illegal strikers can be unlawful
Chapter 4 of the Labour Relations Act (LRA), read together with item 6 of Schedule 8 of the LRA, effectively allows employers to dismiss employees who have embarked on an unprotected strike. However, the law makes it clear that an unlawful strike does not automatically give the employer a right to fire the strikers.
Dismissal decisions require consistency
Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even in the absence of provocation, dismissal may still be unfair. This distinction is critical for employers navigating strike-related discipline. One factor that can bedevil an employer’s case is inconsistency in the decision to dismiss.
