Notification Letters and Ultimata for Unprocedural Unprotected

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					 Notification Letters and Ultimata for
Unprocedural/Unprotected Strike Action




Please note:

1. All notifications and ultimatums must be issued to and received by all
   employees on strike (ensure proof of this by witnesses, video recordings,
   etc.).
2. Management must be seen to be communicating with and meeting with
   the shop stewards/union officials/employee representatives in the best
   manner possible to resolve the problems at hand, and show proof of this.
3. Management must fax all documentation i.e. notifications, ultimata,
   attempts to resolve the problem etc. to the local trade union office.
4. Management must be able to show that all employees have been
   informed in writing of their dismissal unless they return to work.
5. Please keep in contact with the SEIFSA Industrial Relations Division if
   clarity is needed, and speak to the SEIFSA Industrial Relations staff
   before dismissing any employees.
                       Company Letterhead

                                 Urgent!

           First Notice to Employees Engaged in
          Unprocedural/Unprotected Strike Action

[Date]

[Time]

We are concerned that you have engaged in an unprocedural/unprotected
strike action with effect from (time) on (date).

We have discussed this matter with the shop steward(s)/employee
representative(s) and have also expressed our concern to your trade union
and have requested their assistance to resolve this matter. The Company
cannot allow unprocedural/unprotected industrial action to continue
indefinitely and we urge you to return to work as normal, within twenty (20)
minutes, i.e. by (time) on (date). Please note that in terms of Section 68(5)
of the Labour Relations Act 66 of 1995, that an unprocedural/unprotected
strike may constitute a fair reason for dismissal.

Please note that you will not receive payment for time not worked.

We hope that as a valued employee who is important to the operation of the
Company, you will heed this warning and return to work immediately.

Signed: _______________________ Designation: ____________________
                       Company Letterhead

                                Urgent!

          Second Notice to Employees Engaged in
          Unprocedural/Unprotected Strike Action

[Date]

[Time]

We are disappointed that you have failed to work despite our previous
requests. We now insist that you return to work within twenty (20) minutes,
i.e. by (time) on (date).

Please understand that for the period you are not working you will NOT be
paid.

You will appreciate that the Company cannot continue to allow this type of
action and should you not return to work at the time given you MAY BE
DISMISSED.

We hope that as a valued employee who is important to the operation of the
Company you will heed this warning and return to work immediately.

Signed: _______________________ Designation: ____________________
                       Company Letterhead

                          Final Ultimatum

                  Notification to All Employees

[Date]

[Time]

It is with concern that we note that you have still not heeded the Company’s
previous two urgent notifications issued on (date) at (time) and (date) at
(time) to return to work.

It has been clearly explained to you that you are on an
unprocedural/unprotected strike and that if you persist with this action,
management will be forced to take disciplinary action, which will lead to
your dismissal.

Management has agreed to address the employee’s demands (grievances
accordingly).




We urge you as a valued employee to return to work within twenty (20)
minutes, i.e. by (time) on (date).

Signed: _____________________         Designation: ____________________
                       Company Letterhead

                          Final Ultimatum

                  Notification to All Employees

[Date]

[Time]

You have been participating in an unprocedural/unprotected strike since
(date) and (time) in support of your demands that the Company accede to the
following:



(Set out the individual demands and thereafter indicate how these issues
should be resolved, e.g. by using the grievance procedure).

You have defied all requests that you return to normal working, including
the ULTIMATUM given to you earlier to return to work by not later than
(time) today.

Management will no longer bear the financial consequences of this
unprocedural/unprotected strike. Management has now exhausted all
avenues to secure a return to work, without success, despite the fact that
your strike is unprotected.

We would advise that dismissal will have dire consequences for yourselves
and your families. We therefore urge you to reconsider your position and to
discuss the matter amongst both yourselves and your families this evening.

The company is now issuing you with a FINAL ULTIMATUM and requires
that you return to normal working by _____________. NO other warnings
will be given. Should you fail to return to normal working by this time, the
Company WILL DISMISS YOU as a result of your continuing to breach
your conditions of employment. This dismissal will be in accordance with
Section 68(5) and the Code of Good Practice: Dismissal, Schedule 8(6) of
the Labour Relations Act 66 of 1995.

Signed: _____________________       Designation: ____________________
At this point notification to attend a formal disciplinary
hearing should be issued to all employees who are
participating in the strike action. If the employees fail to
attend the disciplinary hearing, then a letter of dismissal
should be issued. A pro forma letter of dismissal follows.
                          Company Letterhead

                           Letter of Dismissal

Date: ____________________
Time: ____________________________
Clock Number: ____________
Due to your failure to have complied with the final ultimatum to return to
work, you are hereby dismissed from the Company’s employ with
immediate effect.     You may collect all monies due to you from
________________ at ___________________ on _____________________

As you have been dismissed, you are requested to please leave the premises
immediately.

Yours faithfully,




MANAGEMENT

				
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posted:11/5/2010
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Lingjuan Ma Lingjuan Ma MS
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