As long as industrial action meets the strict requirements set by the law, the union and its officials are protected from most forms of legal action, and employees have some protection against dismissal.
Industrial action: Is it lawful? Lawful industrial action When a worker takes industrial action, they will usually be in breach of their contract of employment or contract for services.
However, the Act also provides that protected industrial action may not take place during a bargaining period unless a secret ballot is held to determine whether it has the support of the relevant employees. Under the Fair Work Act, engaging in protected industrial action is a workplace right. Industrial action is taken by employers or employees to settle a workplace dispute about working conditions. But your employer is entitled to refuse pay for the duration of your strike action, even if it’s lawful. by Practical Law Employment This note considers the complex law on industrial action: what it is, and how it can be lawfully organised by a trade union so as to avoid liability for one of the economic torts. In discussions between lawful and unlawful industrial action there is a limited understanding of when a strike or other forms of industrial action are lawful. The discussion explores the flaws underlying the enactment of the right to strike, the limitations surrounding the definition of industrial action, the prerequisites to lawful strike action including the problems that arise from the pre-strike ballots regime, the grounds on which lawful strike action can be stopped, and the consequences of getting it wrong. That can take many forms: work to rule, an overtime ban and, yes, on occasions, when everything goes wrong, as a very last resort, the right to withdraw the labour of trade unionists. When industrial action is lawful. Industrial action: Is it lawful? When organising industrial action, if a trade union fails to comply with the strict statutory balloting and notification rules, the employer may be able to prevent the industrial action from taking place. Typically, unions use a protected action ballot to list a whole range of consequences such as strikes or partial work bans. Dismissal within the first 12 weeks, for taking part in the action, will be automatically unfair. This means that if a trade union calls for, threatens to call for or otherwise organises industrial action, it is - in practice - calling for the breach, or interference with the performance, of employment contracts. Share 22 October 2010 ... part of collective bargaining is also unions’ ability to take industrial action when negotiations fail.
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