1 March 2009

Mr. Union Rep

Union

Address

Place

0000

Dear Mr. Union Rep

MISCONDUCT DURING THE STRIKE ACTION

In the last meeting the employer acknowledged the right of employees to strike. The employer further pointed out in no uncertain terms that misconduct by employees during the strike will not be tolerated and will be dealt with severely.

Striking workers committed a number of acts of misconduct since Monday, 02 February 2009. The purpose of this letter is to inform the trade union about the incidents and management’s position that appropriate action will be taken against workers allegedly guilty of misconduct after the strike has been resolved. The employer will rely on Section 68(5) of the Labour Relations Act, the disciplinary code as well as criminal law, if necessary, in dealing with such misconduct. If the misconduct continues, it could lead to dismissal.

Below is a summary of the incidents of misconduct during the strike, which will be dealt with in more detail at a later stage.

The trade union, as the representative of the employees, will need to accept responsibility for any acts of misconduct and your failure to condemn this behaviour can be construed as condoning such behaviour and/or inciting such behaviour.

  1. The contravention of an agreement between the company and shop stewards in that demonstrations were held for longer than permitted times as well as the intimidation of patients, employees and visitors on 15 February 2009. These demonstrations took place inside the hospital despite the agreement.
  2. Physical assault by Mr. Careless on one of the Unit Administrative Assistants, Mr. Abused, on 15 February 2009.
  3. Striking employees threw acid on the floor in the Laundry department, which caused damage.
  4. The damaging of the Tea Room in that the refuse bin was broken as well as the cupboard door.
  5. Water damage was suffered in that striking employees left water taps open to flood the Tea Room and cause damage to the carpets. After management representatives closed the taps, those taps were opened again by striking employees to cause further damage.
  6. Public toilet on the Ground Floor was blocked by striking employees in that huge wads of Kim Dry paper were thrown into toilet pans with the sole intention of blocking such pans.
  7. Washing bins were also blocked in Ward E.
  8. The ice machine in the Management department was switched off without any authorisation.

Yours faithfully

HR Manager