On 9 September 2021, the Labour Appeal Court of South Africa, Johannesburg, rules over fairness of dismissal of employees embarking on an unprotected strike.
The decision is based on the serious and dangerous circumstances of the strike.
The Court of Appeal reformed the decision of the Labour Court (Lagrange J) delivered on 17 September 2019, which had found the dismissal of the respondent employees to be substantively unfair and ordered their reinstatement.
Instead, the sanction of dismissal, according to the Court of Appeal, was fair, given the circumstances of the case and considering their decision to embark on an unprotected strike action at a critical business period and their persistent refusal, without bona fide reason provided, to comply with the ultimatum.
Specific laws were enacted in France, New Zealand, Ontario (Canada) and South Africa containing a list of essential services that could continue operating during the pandemic.
Employment services were considered essential in France, New Zealand and Ontario.
Employers’ organisations were included in the list in New Zealand.
South African social partners gathered with the government and civil society to present proposals during the crisis.
A temporary Employer/Employee Relief Scheme was developed.
South African social dialogue institution National Economic Development Council (NEDLAC) was called to provide proposals and solutions on the means to mitigate unemployment and assist employees suspended from work.