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3.3_Case update by Benita Whitcher.pdf

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No rewards for non non-strikers strikers<br />

Section 5 off LRA – ERs may not ddiscriminate or victimize EEs ffor<br />

exercising<br />

their right to engage in a protected strike.<br />

NUM v Namakwa Sands Ltd<br />

– Making extraordinary payments and granting extraordinary overtime<br />

to non-strikers to do the work of protected strikers constitutes a<br />

breach of section 5 and impermissible po power er pla play.<br />

– However the court was not prepared to order the company to pay<br />

p p p y p y<br />

the strikers an amount equal to that earned <strong>by</strong> the non-strikers<br />

during the strike.

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