4.   CONSEQUENCES OF PROTECTED AND
UNPROTECTED STRIKES

 
4. Consequences of Protected and Unprotected Strikes

4.1 Is it correct to say that a strike 'suspends' the employment relationship?

4.2 Protected strike - no delict / breach of contract and right to dismiss for striking

4.3 If the rule is 'no work, no pay', does this extend to benefits?

4.4 If there is a public holiday during a strike, must an employer pay for this in terms of s 18 of the BCEA?

4.5 Can an employee apply for annual leave during a strike?

4.6 Does leave accrue during a strike?

4.7 Can an employee claim sick leave during a strike?

4.8 Can an employer assume that all union members are out on strike?

4.9 Consequences of strikes not in accordance with the Act

4.10   Employers' right to compensation in response to unlawful conduct during strike action