No, 187(1) (c) does not apply to the individual in this situation. The purpose of the automatically unfair dismissal provisions is to deter employers from dismissing employees for exercising their fundamental constitutional rights. The rights to freedom of association and to strike are relevant examples in this case study. These particular (collective) rights can only be protected if they are exercised by a registered representative union – and if the proper procedures were followed. These were the factors which existed in the Avenge case.
They would not exist in the case of an individual who is not represented by a registered union and is not party to a collective bargaining process. He or she would not be exercising the right to freedom of association or to strike. It follows that his or her dismissal for refusing to accept a change in conditions of employment would not be covered by s187(1)(c). It would instead be covered either by Section 185 (the right not to be unfairly dismissed) or by Section 189 (the right not to be unfairly dismissed for operational reasons).
