Can you be fired for carrying a weapon during a strike?
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Undertaking strike action is one thing. Bringing weapons to that strike is entirely another.
Carrying a weapon during a strike action at your work premises could potentially be a fireable offence. A recent court case, Pailpac (Pty) Ltd v De Beer N.O and Others, confirmed that employees can be dismissed for having dangerous weapons during a strike and on company property. However, as Nicol Myburgh, Head: CRS Technologies HCM Business Unit, points out, it does increase the chance of a dismissal outcome if employees are made aware of the fact that they cannot bring weapons to work.
“Employees should be informed that they are not allowed to carry dangerous items into the office,” he adds. “The company’s rules must be published on a company notice board to ensure that all employees are reasonably aware of what is and is not allowed.”
For Myburgh, carrying weapons on the company’s property is very likely to be a fireable offence. It puts people in danger and can potentially introduce risk to other employees and the business. However, carrying weapons outside the business is murkier, as there’s not a lot of clarity around whether or not a person would be allowed to carry a weapon if they were outside of the office.
“It could be argued that
