The dismissal of unprotected strikers and the audi alteram partem rule

Abstract

When the Labour Relations Act was introduced in 1995, two of its main aims were to give effect to Section 23 of the Constitution of the Republic of South. $^1$ The Labour Relation Act 66 of1995 had sought inter alia, to codify the law of the labour relation principles relating to fair procedure prior to dismissal. Section 23 of the Constitution of the Republic of South Africa ,amongst ,other specifies as follows: - Every worker has the right to fair labour practices. - Every worker has the right to form and join a trade union, to participate in the activities and programmers of a trade union and a right to strike.