Illegal strikes are usually without warning or without any due process as required in terms of the act, this element of surprise and trying to manage this illegal strike is where employers usually fail to follow prescripts of the act.

Strikes and lockouts will be illegal if:

• A collective agreement or arbitration award binds the parties;
• An agreement can be referred for arbitration or to the Labour Court;
• A wage determination binds the parties and it is less than 1 year old;
• Or The parties are providing an essential or maintenance service.

If no dispute has been declared to the appropriate forum and a certificate is issued.