Dealing with strikes and interdicting strikes.
There are very clear guidelines which regulate what issues can be the subject of a strike; what procedures must be followed; and what the consequences are depending on whether the procedures were followed or were not followed.
It is vital to know whether a strike will be regarded as a protected strike or an unprotected strike because of the very different consequences which flow from each type of strike.
It is as important to know which strikes can be stopped or prevented by way of a Court Interdict.
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Service Areas
Dismissals & Unfair labour practices
It is essential that before taking any steps against an employee, whether it is in regard to unacceptable behaviour, poor work performance; disciplinary action or even a retrenchment, that the issue at hand be correctly identified by a legal expert as failing to do so can have irreversible and disastrous consequences.
LEGAL REPRESENTATION
Even though there are restrictions that apply to legal representation, preparation with a legal expert for any matter is not restricted and is the key to winning a case by carefully deciding how best to present your case, what witnesses to call, and what evidence is essential.
DISCIPLINARY HEARINGS
It is always preferable to have an independent chairperson with expert knowledge chairing a disciplinary enquiry as it not only removes the perception of bias, but it also means that the outcome will be based on sound legal principles.
The enforcement of arbitration awards
Depending on whether you have been ordered to pay compensation or ordered to reinstate an employee, the sheriff could arrive at your premises to attach and remove the company’s property, or worse than that, arrest you for failing to reinstate an employee.
Unsatisfactory Arbitration Awards
An arbitration award may be set aside in 2 ways – the 1st is a recission application, and the 2nd is a review application. Knowing which application to bring could be the difference between success and disaster!
RESTRAINTS OF TRADE
Restraints of trade are still enforceable in law, and continue to be enforced by our Courts despite the employee’s constitutional right to choose their trade, occupation and profession.
The confidential information and your customer connections are still protectable interests.
DISCIPLINARY CODES & PROCEDURES
It is always advisable to have codes and procedures in place because they ensure that employees are clear on what is and what is not acceptable, and the consequences which flow from not adhering to such codes and procedures.
STRIKES
it is vital to know whether a strike will be regarded as a protected strike or an unprotected strike because of the very different consequences which flow from each type of strike.
It is as important to know which strikes can be stopped or prevented by way of a Court Interdict.
TRADE UNION NEGOTIATIONS
There are different rights that a trade union may acquire at a company but these are determined by the level of the union’s representativeness in the workplace, and which rights will change with the fluctuation in the number of employees that belong to the trade union.
It is also important to know that a trade union does not always have the right to institute a strike.