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Strikes


PART XIX - STRIKES

Illegal strike or lockout
  • Subject to sections 159 and 160, a strike or lockout is legal if it is in sympathy with or in support of a strike action taken by another worker or group of workers against their employer on account of an industrial dispute with the employer.
  • A person who declares or instigates or incites others to take part in a strike or lockout or acts in furtherance of a strike or lockout which is illegal under subsection (1) is liable for any damage, loss or injury suffered by any other person as a result of the illegal strike or lockout.
  • The form of a strike or lockout in sympathy with another body or organization shall be in a form agreed upon with the management of the sympathizers and shall not disrupt the operational activities of the enterprise whose workers are sympathizers.
  • Without prejudice to subsection (2) a worker who takes part in an illegal strike may have his or her services terminated by the employer without notice for breach of his or her contract of employment or may forfeit his or her remuneration in respect of the period during which he or she is engaged in the illegal strike.
  • Without prejudice to subsection (2), an employer who resorts to illegal lockout is liable to pay the unpaid remuneration of the workers.
  • Regulations may provide further for matters relating to sympathy strikes.

Legal effect of lawful strike or lockout
  • During any lawful strike or lockout, the employment relationship between the employer and the workers shall not be affected by the strike or lockout and any termination of the contract of employment as a result of the lawful strike or lockout is void.
  • No civil proceedings shall be brought against any worker, employer,
  • trade union or employers’ organization or an officer or a member of such trade union or organization in respect of any lawful strike or lockout action taken in conformity with the provisions of this Act.
  • Nothing in this Part, shall render lawful an act of physical coercion or violence against any person or damage to the property of any person where the act or damage is an offence under the Criminal Code, 1960 (Act 29).

Temporary replacement of labour
  • An employer may not employ any person to perform the work of a worker participating in a lawful strike unless the work is necessary to secure essential minimum maintenance services at the undertaking.
  • A worker has the right to refuse to do any work normally performed by the worker who is participating in a lawful strike except that the worker shall not refuse to perform the work if it is necessary to secure minimum maintenance services.
  •  
  • A dispute as to whether a work is necessary to secure minimum maintenance services shall be referred to the Commission for determination, and the decision of the Commission shall subject to any other law be final.
  • For the purposes of this section “minimum maintenance services” are those services in an undertaken the interruption of which would result in material damage to equipment and machinery and which by agreement should be maintained during strike or lockout.
Picketing
  • It is lawful in furtherance of a lawful strike or lockout for any person to be present at or near not less than ten meters away from his or her workplace or former workplace or place of business of the employer or former employer, for the purpose of peacefully communicating information or peacefully persuading any other person not to enter the workplace or place of business, work or deal in or handle the employer’s product or do business with the employer.
  • Picketing is unlawful if it is conducted at a place less than ten meters away from the workplace or place of business of the worker, and any person who engages in an unlawful picketing is liable for any damage, loss or injury suffered by any other person as a result of the unlawful picketing.
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