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RIGHT OF THETO TTO T
INDUSTRIAUSAGA
ITS OWN EMITS OWN EM
By: Gregory C. Reid
May 6, 2011y
E EMPLOYER AKEAKE
AL ACTIONC OAINST
MPLOYEESMPLOYEES
1
INTRODINTROD
Legal framework fogindustrial action
Implications of utilip
UCTIONUCTION
or employers' p y
izing this rightg g
2
INTRODUCTINTRODUCT
• DefinitionsDefinitions• Restrictions• Penalty
R i l• Rationale• Utilisation• Utilisation
TION (CNTD)TION (CNTD)
3
DEFINITIONSDEFINITIONSACTION UND
• Any lock outy• Any strike• Any course of cond
lock out or strike wlock out or strike wcontemplation or fui d t i l di tindustrial dispute
OF INDUSTRIALOF INDUSTRIAL DER THE LRIDA
duct (other than a which inwhich in urtherance of an
4
DEFINITIONS OF IUNDER THE
is carried on by oneis carried on by oneemployersor one o
l h themployees, whetheto the dispute or nopof preventing or redproduction of goodproduction of goodservices)
INDUSTRIAL ACTIONE LRIDA (CNTD)( )
e or moree or more or more groups of
th tier they are parties ot with the intention ducing the s or the provision ofs or the provision of
5
DEFINITIONS ODEFINITIONS O
Lock out means acLock out means accontemplation or fupindustrial dispute ismore employers whmore employers whdispute or not and th l i fthe exclusion of womore places of emp
OF LOCK OUTOF LOCK OUT
ction which inction which inurtherance of an s taken by one or hether parties to thehether parties to the which consists of k forkers from one or
ployment; p y ;6
DEFINITIONS OF
Or of the suspensioOr of the suspensiomore such places oi lt thsimultaneous or oth
termination or susppemployment of a g
LOCK OUT (CTND)
on of work in one oron of work in one or or of the collective h i t dherwise connected pension of proup of workers.
7
RESTRIRESTRI
• Essential ServicesEssential Services
• National Interest P
• Fifth Schedule Serv• Fifth Schedule Serv
CTIONSCTIONS
rovisions
vicesvices
8
ESSENTIAL SESSENTIAL S
Any industrial actioAny industrial actio
contemplation or fucontemplation or fu
industrial dispute inindustrial dispute in
which provides anwhich provides an
an unlawful industran unlawful industr
SERVICES 9 (5)SERVICES 9 (5)
on taken inon taken in
urtherance of anurtherance of an
n any undertakingn any undertaking
essential service isessential service is
rial action unless -rial action unless 9
SS SESSENTIAL SER
(a) that dispute wa
Minister in accorda
(1) and he failed to
subsection (3) or s
subsection (7); or
C S 9 (5) tdRVICES 9 (5) contd
s reported to the
ance with subsection
o comply with
ubsection (4) or
10
ESSENTIAL SER
(b) that dispute wa
Tribunal for settlemTribunal for settlem
Tribunal failed to mTribunal failed to m
the period specified
RVICES 9 (5) contd
s referred to the
ment and thement and the
make an award withinmake an award within
d in section 12.
11
NATIONAL INTERE
Where it appears to
(a) an industrial disp(a) an industrial disp
undertaking other tundertaking other t
which provides an
and
ST PROVISIONS 10
the Minister that -
pute exists in anypute exists in any
than an undertakingthan an undertaking
essential service:
12
NATIONAL INTERE
(b) any industrial a(b) any industrial a
contemplation or fucontemplation or fu
dispute has begundispute has begun
andand
EST PROVISIONS 10
ction inction in
urtherance of thaturtherance of that
or is likely to begin;or is likely to begin;
13
NATIONAL INTEREdeclare that any indu
in contemplation or
dispute is likely to b
to the national inter
EST PROVISIONS 10ustrial action taken
r furtherance of that
be gravely injurious
rest.
14
FIFTH SCHEDULE
Where no notice is g
subsection (1) or not
within the period spe
subsection, the indus
shall be deemed to b
E SERVICES: 5B(2)
given pursuant to
tice is not given
ecified in that
strial action taken
be unlawful.
15
FIFTH SCHEDULE S
Where industrial act
to be taken in any of
specified in the Fifth
writing of such indus
given to the Minister
SERVICES : 5B (1)
ion is contemplated
f the services
Schedule, notice in
strial action shall be
r and the employer16
FIFTH SCHEDULE
by any party to the
person acting on b
not less than seven
before the commen
industrial action.
SERVICES : 5B (1)dispute or by any
ehalf of such party
nty-two hours
ncement of such
17
PENALTY FORINDUSTRIAL AINDUSTRIAL A
Any employer who
action shall be guil
shall be liable on s
before a Resident
not exc
R UNLAWFUL ACTION 13 (1)ACTION 13 (1)
takes any industrial
ty of an offence and
summary conviction
Magistrate to a fine
ceeding -
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PENALTY FORINDUSTRIAL ACTINDUSTRIAL ACT
(a) five thousand dollars in
who was employed to h
such unlawful industrial
(b) five hundred dollars,
Whichever is less.
R UNLAWFUL TION 13 (1) CTNDTION 13 (1) CTND
n respect of every worker
him immediately before
action; or
19
WHY SHOULD EMINDUSTRIA
• Levelling the playing fieg p y g
f• What is good for the gogander
• The perfect scheme of• The perfect scheme of honoured in the breach
MPLOYERS TAKE L ACTION?
eld
foose is good for the
industrial relations isindustrial relations is h
20
HOW AND WHENUTILISE INDUSTRI
THEIR EM
• Protracted union neg
• Refusal to cooperate• Refusal to cooperateterms or conditions ooperationsoperations
N MAY EMPLOYERS AL ACTION AGAINST
MPLOYEES?
gotiations
e or accept changes ine or accept changes in of employment or in
21
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