Read the following case study and answer the questions that follow: Striking at Silver Platinum Mine Silver Platinum Mine operates near Mokopane in Polokwane and employs more than 1200 employees. The National Mineworkers Union of South Africa (NMUSA) represents over 500 employees at this mine and they were in the process of the annual wage negotiations with Silver Platinum Mine. After three months of back-and-forth negotiations, the parties reached a deadlock and NMUSA declared a dispute, calling its members to embark on a protected strike. The strike commenced on 29 August 2021, it lasted for 12 operational days and ended on 15 September 2021. Some employees, however, decided not to participate in the protected strike as participation in the strike would lead to a loss of income due to the no work, no pay rule. Before the strike commenced, on 26 August 2021, Silver Platinum Mine provided their employees with a letter asking them to reconsider their wage offer and added that any employee who joins the industrial action (even for just one day) runs the risk of losing the potential bonus payment scheduled for the end of September 2021. This performance bonus was based on the employers discretion and was generally granted based on the performance and fulfilment of certain objectives. On 27 August the employer again provided their employees with a letter stating that striking workers will forego their production bonusses. A final communication was sent to employees on 28 August, which included the following: It is important to note that the potential bonus payment scheduled for September 2021 is based on the companys performance in the 2021 financial year, the completion of a successful audit of the 2021 financial year results and the successful settlement of the wage negotiations for the 2022 financial year without the negative impact of a strike. The strike will definitely impact the quantity of the performance bonus negatively. The choice whether to partake in the strike or to come to work remains the choice of every employee. The negative impact of the strike on the company as well as employee bonuses will be reduced if revenue can be safely generated during the strike period. Employees who decide to come to work and assist the mine to generate revenue during this period by performing alternative and additional duties in an exceptional manner will be considered for an additional payment. After the strike ended, Silver Platinum Mine provided written communication to employees, stating that no employees will receive the annual production bonus, however, employees that worked during the strike and who have contributed to the productivity and performance of the company, would receive an exceptional performance bonus. This arrangement was not well received by NMUSA. According to the union, all employees were entitled to receive an annual production bonus, regardless of their participation in a protected strike. Striking employees should not be discriminated against for exercising their constitutional right. Source: Loosely based on National Union of Mineworkers obo Cullinan Diamond Mine A Division of Petra Diamond (Pty) Ltd (JS102/14) [2019] 40 ILJ 1826 (LC) (6 September 2022)

3.2 It is indicated in the case study that the organisation follows a no work, no pay rule when it comes to strike action. Is Silver Platinum Mine allowed to take this approach as this is a protected strike? Provide reasons for your answers. (4)

3.3 Are employees entitled to a production bonus? Provide reasons for your answers. (2)

3.4 Do you agree with NMUSA that the payment of an exceptional performance bonus would be an infringement of union members constitutional right to strike? Explain your answer in terms of the relevant legal provisions. (6)

3.5 It is evident that even after the strike has ended and all the workers have returned to work, the strike will continue to have a long-lasting effect on employees and their relationship with their employer. Provide guidelines for the actions that management should take to restore relations in the workplace following the strike. (5)

Note: This is not a theoretical question and no marks will be awarded for a theoretical answer. You are required to apply what you have learned about strikes and the management thereof to address the issues raised in the given scenario.