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            | Topic: | Miscellaneous | 
        
            | Number of pages / Number of words: | 22 / 6072 | 
                
    
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The management is not sure about this, but the human resources director recalls having read in the press about a recent case in which a company lawfully retrenched an entire workforce that refused to work a new shift system. He wants to know whether, rather than facing industrial action, the company can retrench all those workers who refuse to accept the increase that management is offering and engage new employees, who would be willing to work on the company's terms, to replace them...
        
        
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Paraphrasing du Toit et al (2003, p.289), substantive limitations essentially limit strikes where there are prior agreements rights, or processes that would take precedence over strike action, or where the service being provided by the potential strikers are essential services as defined in section 213 of the LRA, or maintenance services as defined in section 75...
        
        
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