7.   DISMISSAL OF STRIKERS

 
7. Dismissal of Strikers
7.1 Participation in an unprotected strike constitutes misconduct
7.1.1.   Unjustified conduct by the employer

7.1.2.   Deciding who is involved in strike misconduct (and proving 'common purpose')
7.2 The relevance of previous warnings
7.3 The need for an ultimatum
7.3.1.   What is required when issuing an ultimatum?
7.3.2.   Can a striker who complies with an ultimatum still be dismissed?
7.4 The right to make representations before being dismissed
7.5 Employees on a protected strike being dismissed for operational requirements
7.5.1   Retrenchment when failing to prove misconduct?
7.6 The use of replacement labour during a strike