PROCEDURE IN THE EVENT OF AN UNPROTECTED STRIKE

A strike is defined as the partial or complete concerted refusal to work or the retardation or obstruction of work by people who are, or who have been employed by the same employer or by different employers for the purpose of remedying any grievance or resolving a dispute in respect of any matter of mutual interest.

So what action do you take in the event of an illegal strike/work stoppage?

Assess the mood of the strike:

  • how many and who are involved
  • what degree of support they have
  • whether they are armed with sticks, etc
  • their demands
  • union involved
  • which areas are affected
  • what action (if any) has been taken so far
  • Request the workers to appoint 3 (three) spokesmen to discuss their grievances with management and to report back to the workers.
  • Assure the staff that the spokesperson(s) will not be victimised as this may be a fear.
  • As time problems may be difficult to indentify, if possible put some questions to the spokesperson(s) in order to clarify issues.
  • Try to negotiate even with informal representatives.
  • If the workers belong to a trade union, immediately talk to the local union official and advise him of the illegal strike and request their presence.
  • Do not expect a strike to be resolved easily. Read the mood of the strikers.
  • Do not enter into discussions with the strikers en masse and insist on spokesmen.

Strike diary

A “strike diary” should be implemented immediately to record events during the strike. Information and evidence will be useful in the event of a court hearing. A videoshould be available for recording incidents.

First ultimatum to return to work

The written ultimatum must have a reasonable time period and should not be coupled with any other unreasonable or unfair demand.The ultimatum should be read out and interpreted to the workers. A copy of the ultimatum must be sent by fax to the trade union (if they are not present at the strike). A copy of the ultimatum must be placed on the notice board. Finally a copy of the ultimatum should be handed to the spokesperson who must sign for receipt thereof.

Second ultimatum to return to work

Once again the written ultimatum must have a reasonable time period and should not be coupled with any other unreasonable or unfair demand. The ultimatum should be read out and interpreted to the workers. A copy of the ultimatum must be sent by fax to the trade union (if they are not present at the strike). A copy of the ultimatum must be placed on the notice board. Finally a copy of the ultimatum should be handed to the spokesperson who must sign for receipt thereof.

Final ultimatum to return to work

The final ultimatum must have a reasonable time period and should not be coupled with any other unreasonable or unfair demand. The ultimatum should be read out and interpreted to the workers. A copy of the ultimatum must be sent y fax to the trade union (if they are not present at the strike). A copy of the ultimatum must be placed on the notice board. Finally a copy of the ultimatum should be handed to the spokesperson who must sign for receipt thereof.

What if the workers return to work after the first or second ultimatum?

The ultimatums clearlystate that the company reserves the right to take disciplinary action (irrespective of whether the staff return to work or not). If the workers return to work after the first or second ultimatum you are entitled to discipline the staff for participating in unlawful industrial action.

What if the workers don’t return to work after the final ultimatum?

Should the workers fail to return to work after the final ultimatum has expired, then you may issues notices of suspension to all the employees involved in the illegal industrial action, together with a notice to attend a disciplinary hearing.

Remember that whether staff do or do not return to work as requested, if they have caused damage to company property they may be disciplined for this misconduct as well.