⚖️𝗖𝗮𝘀𝗲 𝗟𝗮𝘄 𝗪𝗲𝗱𝗻𝗲𝘀𝗱𝗮𝘆 𝘄𝗶𝘁𝗵 𝗝𝗼𝗵𝗻𝗻𝘆⚖️

Описание: Unprotected Strike or Lockout? The Distinction Cost the Employer.

In 𝙑 𝙤𝙗𝙤 𝙈𝙚𝙢𝙗𝙚𝙧𝙨 𝙫 𝙀𝙘𝙤𝙩𝙚𝙘𝙝 𝙀𝙣𝙫𝙞𝙧𝙤𝙣𝙢𝙚𝙣𝙩𝙖𝙡 𝙎𝙚𝙧𝙫𝙞𝙘𝙚𝙨 [2025] 𝙕𝘼𝙇𝘾𝙅𝙃𝘽, the Labour Court drew an important distinction between employees participating in an unprotected strike and employees who were simply unable to work because they had been denied access to the workplace.
The matter arose after employees refused to undergo polygraph testing. Seven employees were found not to have been on strike at all after their access cards had been blocked, preventing them from entering the workplace. The remaining employees participated in a two-day unprotected strike.

While participation in an unprotected strike can justify disciplinary action, the Court emphasised that employers must still follow the correct procedures.

Key lessons from this judgment:
Not every absence from work constitutes strike participation;
Employers must distinguish between a lockout and a strike;
The Code of Good Practice requires employers to engage the union where possible;
Clear ultimatums must be issued, including the consequences of failing to return to work;
Procedural fairness remains critical, even where strike action is unlawful;
Failure to follow the Code can result in reinstatement and significant backpay awards.

In this case, the employer failed to contact the union, failed to issue proper ultimatums, and did not follow the required procedures.
The result? The dismissals were found to be unfair, and the employees were reinstated.

📌 𝗟𝗮𝘀𝘁 𝗖𝗵𝗮𝗻𝗰𝗲 𝘁𝗼 𝗥𝗲𝗴𝗶𝘀𝘁𝗲𝗿!
The final session of the Mid-Year Labour Law Update 2026 takes place on 11 June 2026 via Microsoft Teams.

Johnny Goldberg, Thembi Chagonda, and John Botha will be unpacking critical labour law developments, legislative amendments, and important judgments just like this one that could have a significant impact on your organisation.

💻 11 June 2026 | Microsoft Teams (last session)
💰 R2 990.00 excl. VAT per delegate

👉 Register now: https://www.globalbusiness.co.za/even...

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