© 2014 wheresjenny.com STRIKES AND LOCK-OUTS

© 2014 wheresjenny.com What is a strike? A strike is where employees either stop work completely, or refuse to do their normal work in the usual way (a “go slow”, for example). When are employees legally entitled to strike? Strikes are legal only if they are used as part of bargaining for a collective employment agreement, or if they are on health and safety grounds. A strike will therefore be illegal if it is used for some other purpose – for example, as part of a dispute about how to interpret and apply an existing collective agreement.

© 2014 wheresjenny.com When can employees strike as part of a collective bargaining? A strike can be used as part of bargaining for a new collective agreement if-  The previous collective agreement has already expired, and  Bargaining has been going on for 40 days or more, and  A simple majority of the employees have voted in favour of the strike in a secret ballot.  As an exception, it is not necessary for the last agreement to have already expired if the Employment Court has suspended an illegal part of the agreement t and has allowed strikes as part of negotiations around the issues covered by the suspended parts.

© 2014 wheresjenny.com Strikes on health and safety grounds A strike will also be legal if the employees believe on reasonable grounds that it is justified on health and safety grounds. There does not have to be a secret ballot in these cases.

© 2014 wheresjenny.com Do I have a right to be paid while I’m on strike? Your employer is entitled to suspend you during the strike, and therefore does not have to pay you. The employer can also suspend workers who are not on strike if there is no work for them because of the strike. If your employer does not suspend you, you are entitled to continue to be paid. If you are suspended while on strike, this will not affect your entitlement to benefits based on continuous service, such as additional annual leave after you have been employed by that employer a certain number of years.

© 2014 wheresjenny.com Special notice requirements for “essential services” There are special notice requirements for strikes affecting “essential services”, such as hospitals, fire fighting services, water supplies, power production and supply, and sewage and disposal. In these cases, the union must give 28 days notice to the employer and to the Government. What happens if a strike is illegal? If a strike is illegal, the employer can ask the Employment Court to grant an injunction to stop it, or they can apply for damages (money as compensation) or other remedies.

© 2014 wheresjenny.com Can employers get others to do the work of the striking employees? The employer can ask other employees to do the work of employees who are striking *lawfully, and the other employees can agree to do the work, but the employer can not require them to do it. The employer can not hire new staff to do the work of employees who are striking lawfully (unless the work must be done for health and safety reasons). If a strike is illegal, those restrictions do not apply. Can an employer discriminate against striking employees? If you are striking *lawfully, your employer can not discriminate against you by, for example, firing you or denying you a benefit granted to other employees in similar situations. If this happens, you may be able to take a personal grievance on the ground of discrimination.

© 2014 wheresjenny.com What is a lock-out? A lock-out is where employers refuse to let their employees work, in order to force them to accept the terms of employment being offered. The term “partial lock-out” is sometimes used to describe a breach by an employer of an employment agreement – for example, not paying you overtime that you are entitled to. Partial lockouts are illegal.

© 2014 wheresjenny.com When is an employer legally entitled to lock out employees? A lock -out is legal only if – 1. it happens as part of bargaining for a new collective employment agreement, provided the old one has expired and the parties have already been bargaining for 40 days or more, or 2. the Employment Court has suspended an illegal part of a collective agreement and has allowed lock-outs as part of negotiations around the issues covered in the suspended part, or 3. the employer believes on reasonable grounds that it is justified on health and safety grounds. A strike or lock-out is therefore illegal if it is used for some purpose other than collective bargaining for a new agreement (with the exception of health and safety grounds). For example, a lock-out is illegal if it is part of a dispute about how to interpret and apply an existing collective agreement.