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

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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

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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:

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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;

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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.

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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

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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

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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

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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

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QUESTTIONS?

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