Cabrelli: Unfair Dismissal of Employees for Engaging in a Collective Job Action

Topics: Employment, Law, Trade union Pages: 3 (810 words) Published: May 31, 2013


REG NO B0823640

Cabrelli (2009) defines employee dismissal as a situation whereby the contract under which an employee has been employed is terminated by the employer (whether with or without notice).Strike is defined as the classical form of collective job action, including the collective withdrawal of labour by the employees or other affected interruption of work to put pressure on an employer to concede to their demands . Trojan mine employees were unlawful because according to the labor act in section 104 every employee has the right to resort to collective job action and the interception of a trade union in resolving the issue is advised and also the presence of the workers committee is to be involved in such issues in helping to resolve the problem in this case. The dismissal that was done to the Trojan mine employees was an unlawful act because the management did not allow the workers to have a demonstrating collective job action of which they have the legal the right to because the management had refused to agree on the 100% increase in wages which was granted in the employment council collective bargaining agreement. According to the Labour Act, on the day of a show cause order the Law shall, at the time and place specified in the order, inquire into the matter and shall afford the parties concerned an opportunity of making representations in the matterBefor the show cause order was granted there was need to grant a cause order to the employee representatives. The employees should report the matter to the labour courts, the Act also provides for payment of damages and compensation as remedies for certain types of unfair labour practices. Under s 4 (4) (b) LA where there is infringement or threatened infringement of the employee’s right to...
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