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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Mass dismissals
Author:Moodley, Inthiran
Year:1990
Periodical:South African Human Rights and Labour Law Yearbook
Volume:1
Pages:326-338
Language:English
Geographic term:South Africa
Subjects:dismissal
labour conflicts
Abstract:The most prominent circumstance in which mass dismissals have arisen in South Africa is industrial action. The approach of the court towards the fairness of mass dismissals varies according to the type of industrial action: whether the action is a lawful strike, unlawful strike (including work stoppages), stayaway or lock-out. This article describes the approach of the Industrial Court towards mass dismissals in these different situations. Developments during 1989 show a shift in approach by the court in cases of legal strikes. Three factors feature prominently in the recent case law: the conduct of the parties, the economic loss incurred, and the duration of the strike. Concerning illegal strikes, the court is more willing to focus on legitimacy rather than legality. Notes, ref.
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