Dismissal for Unprotected Striking

An unprotected strike is a strike that is not given any legal standing. It includes withholding labour, refusing to carry out instructions or stopping work and being disruptive in order to gain something from the Employer. In the matter of National Union of Mineworkers v Power Construction (Labour Court judgement delivered July 2016), the employees embarked on refusing to work, citing problems such as inclement weather. After much ado, the ultimate outcome was that 3 days were lost to the unprotected strike and the employees were dismissed after refusing to sign an undertaking. Startling also was the union organiser’s evidence in court that she did not deem the work stoppage as a strike, because there was no violence or damage to property. The upshot of this unfortunate matter was that 33 people lost their jobs and the dismissals were deemed fair by the Labour Court.