The answer to this is no. Although our constitution guarantees every employee the right to strike. As with any other right, the right to strike is not unqualified. Certain legal protections, including the right not to be dismissed, is limited to protected strikes.
For a strike to be considered a protected strike, the employees must adhere to the legal requirements prescribed by the Labour Relations Act. They must refer a dispute to the CCMA. The dispute must first be conciliated and remain unresolved, or a period of 30 days must have been lapped.
A certificate declaring the dispute remains unresolved must be issued by the CCMA, and they must give their employer 48 hours written notice of their intention to start striking. If any of these requirements are not met, the strike will be unprotected, and the employees may face dismissal.
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