BUSA has sought legal opinion in respect of this matter and it is clear that this matter is unprotected. The opinion, however, does not advise employers dismissing employees involved in the unprotected industrial action. The basis of this is that COSATU has indicated to its members that this is protected and the members would be going on the advice of their trade union. It is my opinion that this is definitely a disciplinary offence and would most probably warrant some type of progressive discipline. At this stage BUSA is not going for an interdict or a declarity order in this matter. Should you require any further information please do not hesitate to contact me.
Kind regards