Our server costs ~$56 per month to run. Please consider donating or becoming a Patron to help keep the site running. Help us gain new members by following us on Twitter and liking our page on Facebook!
Current time: July 18, 2025, 12:30 pm

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Anglo American Platinum fired 12,000 striking miners
#18
RE: Anglo American Platinum fired 12,000 striking miners
(October 9, 2012 at 1:40 am)Rhythm Wrote: Let's say "quick" is two weeks. That's beyond reasonable isn;t it? If we could get something like this sorted out, slammed through all the paces and handled in two weeks I'd sing a hail mary...and again I agree on all counts.. However, during those two weeks....the employees wont be working, correct? Sounds like a strike. Surely we wouldn't want to suggest that they be forced (or coerced) into involuntary labor. Similarly I cant imagine a scenario in which a company is forced to renegotiate a lawful contract with a union.
To me, a strike is choosing not to work despite your contractual obligation to do so. In this country, people strike because they want more money or more benefits, despite them signing contracts which set their salaries at certain levels. This is a different case, where the company is the one in breach of a contract, and as such, the workers have no legal obligation to work. Essentially, contract law should work like this:

If a contract is agreed upon, and the worker violates their contract, the company is within their rights to fire the worker.
If a contract is agreed upon, and the company violates that contract, the worker is within their rights to refuse to work.

In the first instance, the worker is under a contractual obligation to work, and by choosing to not work, is striking. In the second instance, the worker is under no contractual obligation to work (since the company have effectively negated the contract), and thus their choice not to work is not a strike.

(October 9, 2012 at 5:48 am)jonb Wrote: How do you know. Some contracts are written with a clause that means you do not have to follow the letter of the contract-

for instance

Any loopholes are effectively made invalid by this clause: "Atheist Forums reserves the right to enforce the following rules as the staff sees fit. This disclaimer is for the sake of allowing the spirit of the rules to trump any literal interpretation of the rules."

Consequently the strikers only have to operate within the spirit of the contract.
Comparing an informally written set of rules against a formally written (and legally binding) document isn't really a fair comparison. A contract usually is several pages long, simply to ensure that there can be no doubt about what the terms of the contract is, and so that nobody can interpret the "spirit" of the contract in any other way than that in which it is written.

Unless you can give me an actual example of a contract with such a clause, I don't believe you have a valid point.
Reply



Messages In This Thread
RE: Anglo American Platinum fired 12,000 striking miners - by Tiberius - October 9, 2012 at 1:46 pm

Possibly Related Threads...
Thread Author Replies Views Last Post
Exclamation Why do American Atheists Believe in the Constitution? Secular Heckler 104 3811 July 3, 2025 at 7:25 pm
Last Post: A. Secular Human
  Why do we hate the American military institution? WinterHold 16 1712 November 23, 2021 at 1:40 am
Last Post: Fake Messiah
  GOP's stranglehold on Cuban-American's vote. Brian37 19 3229 August 22, 2021 at 2:51 pm
Last Post: Spongebob
  Donald Trump is the best American president that USA has ever had Edge92 21 3318 June 4, 2021 at 6:57 pm
Last Post: Nay_Sayer
  American imagery from movies from 90s and 80s Sweden83 8 2049 December 5, 2020 at 10:43 am
Last Post: Gawdzilla Sama
  Police in USA arent racist, its just American culture is all Ramus932 10 1410 June 14, 2020 at 1:49 am
Last Post: Zepp
  "The American Dream" is just a myth we tell ourselves Silver 45 7110 April 20, 2019 at 5:58 pm
Last Post: EgoDeath
  I like that American left are miserable Snora 82 11596 March 24, 2019 at 7:47 am
Last Post: Little lunch
  Venezuela and Saudi Arabia in the eyes of the American one-eyed foreign policy WinterHold 9 2112 February 4, 2019 at 10:04 am
Last Post: Yonadav
  Why are you American people, careless? A-g-n-o-s-t-i-c 27 4070 September 11, 2018 at 1:38 pm
Last Post: Whateverist



Users browsing this thread: 1 Guest(s)