No. 06–Unlawful Strikes and Lockouts —Information Circular (2023)

Information Circular

The following is one in a series of information circulars prepared by the administration staff of the CIRB. The circulars are designed to provide employees, trade unions and employers with general information and a clearer understanding of Board processes. This information circular is an informal tool and is not binding on the Board.

UNLAWFUL STRIKES AND LOCKOUTS

The Collective Bargaining Framework

A strike or lockout is a legitimate part of the collective bargaining process.

The Canada Labour Code (Part I–Industrial Relations) recognizes that employees can lawfully engage in a strike against employers, and employers can lawfully lock out their employees in an effort to compel or persuade "the other side" to agree to terms and conditions of employment, provided they do so in accordance with the provisions of the Code.

The Code contains extensive provisions to assist parties to resolve collective bargaining disputes, including the appointment of conciliation officers, conciliation boards and commissioners, and special mediators of the Federal Mediation and Conciliation Service (FMCS) of Labour Canada. Their task is to assist employers and unions to reach agreements without recourse to "economic action." It is only after these processes have been tried and the Minister of Labour is satisfied that further third party assistance would be of no value that the parties can initiate a lawful strike or lockout.

When a collective agreement has been concluded, it represents an agreement between the union and the employer on terms and conditions of employment and other matters, for a specified period of time. The agreement is binding on the union, the employer, and every employee in the bargaining unit. A collective agreement must be for a duration of at least one year, and must contain a mechanism for resolving disputes that arise concerning the application and/or interpretation of that agreement. The grievance procedure, as this process is usually known, must provide for binding arbitration by an outside third party.

Since a grievance procedure is included in the collective agreement for resolving disputes, no strikes or lockouts can take place during the term of the agreement.

WHAT IS A STRIKE OR LOCKOUT?

Section 3(1) of the Code defines strikes and lockouts as follows:

  • "strike" includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output.
  • "lockout" includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of his employees, done to compel his employees, or to aid another employer to compel his employees, to agree to terms or conditions of employment.

WHEN IS A STRIKE OR LOCKOUT UNLAWFUL?

A strike or lockout is unlawful, at any time, if there is no union, or where there is a union and the requirements of the Code in acquiring the right to lockout or strike have not been met.

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The Code recognizes the grievance arbitration process as the appropriate method for settling disputes that arise concerning the interpretation and application of provisions in a collective agreement (sometimes called "rights" disputes), during the period the collective agreement is in effect. Even though a strike or lockout is a legitimate collective bargaining tactic to put economic pressure on the other party to settle terms of a new collective agreement (sometimes called an "interest" dispute), unions and employers are not allowed to begin a strike or lockout action before the dispute settlement mechanisms in the Code have been exhausted.

The terms and conditions of a collective agreement continue to be in effect beyond its expiry date, right up to the time that the dispute settlement mechanisms under the Code have been exhausted, and 21 days have elapsed since the Minister of Labour has "released the parties." In the orderly scheme for resolving collective bargaining disputes that is set out in the Code, it is not strikes and lockouts themselves that are regulated. What is regulated is when they can occur. For details, see sections 89(1)(a) to (f) of the Code.

EXAMPLES OF UNLAWFUL STRIKES AND LOCKOUTS

The Canada Industrial Relations Board interprets each situation on its own facts and circumstances, but...

A strike by employees who are attempting to obtain recognition of their collective bargaining rights by an employer rather than going through the certification process is unlawful.

A strike or lockout arising from frustration with the slowness of collective bargaining, a "sitdown," "study session" or other concerted work stoppage by some or all employees arising from a dispute in the work place (such as contracting out, discipline of a shop steward) is unlawful if it occurs before the right to strike or lockout has been acquired.

A strike or lockout does not have to involve employees walking off the job and/or forming a picket line to meet the definition of strike or lockout in the Code.

According to the Board, the following activities may also constitute unlawful strikes:

  • a ban on, or concerted refusal to work overtime, even if in some cases the collective agreement provides for individual voluntary overtime;
  • a refusal to handle "hot goods" where not provided for in the collective agreement;
  • a refusal to cross the picket line of another trade union;
  • a work to rule, such as a "slow wheel" in the railway industry.

The Board may also declare that an unlawful lockout occurs when an employer lays off or does not recall laid-off employees and, instead, transfers their work to another company controlled by the same employer, all for the purpose of forcing employees to accept new conditions of employment.

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About Picketing

While the Code contains provisions that limit the right of employees to participate in a strike, there are no provisions concerning the location, duration and manner of picketing.

The regulation of picketing activity is left to authorities in the province where the picketing occurs. The proper authority, such as a court or a labour board depending on the jurisdiction, may grant an injunction to restrain picketing, to limit such things as the number of pickets and their locations, but the Board has no authority to do so.

Approach and Role of the Board

The Board takes a remedial, non-judgemental approach in responding to applications involving unlawful strikes and lockouts. The Board's primary objective is to put an end to the work stoppage as quickly as possible, and to get everyone back on the job, rather than to punish the union and the employees, or the employer.

The Board and its industrial relations officers (IRO) will, where appropriate, look for an underlying cause, and may attempt to resolve the dispute informally in direct discussions with the parties, sometimes at the site of the work stoppage. In circumstances where the same parties continue to take part in further unlawful work stoppages, the Board will deal sternly with those parties and may use the full array of deterrents at its disposal to ensure that the law is upheld.

The Board's approach is in keeping with its overall responsibility to promote constructive and harmonious relations between unions and employers. Accordingly, the Board gives top priority to applications respecting unlawful strikes and lockouts, and expedites all proceedings, both informal and formal.

FILING AN APPLICATION

What is the first step?

A telephone call to the nearest Board office to advise of a developing situation or an impending application is a good first step. Advance notice enables the Board's regional staff to assess the situation and consider ways and means of dealing with it. An industrial relations officer may be assigned to assist the parties to resolve the matter informally, while the Registrar alerts the Board, and makes advance arrangements for the assignment of a Board panel and the scheduling of a hearing, should one be required.

When can a formal application be filed?

An employer may file an application with the Board when it believes that a union has declared or authorized a strike or that employees are participating in a strike that is prohibited by the Code. Similarly, a union may file an application with the Board alleging that an employer has declared or caused a lockout of employees in contravention of the Code.

It is not necessary to wait until a strike or lockout is actually taking place to file an application. If there is good reason to believe that a strike or lockout is likely to occur, an "anticipatory" application may be filed. A telephone call to the nearest Board office can be helpful in understanding the requirements of the Board, and it will serve to alert the Board and its staff to the situation and to the impending application.

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How do you file an application?

The Board does not provide an application form. An application must be in writing, comply with Board Regulations 34 or 35, and include the following information:

  • names, addresses and telephone numbers of the persons affected by the application, including unions, employees and their representatives;
  • details of the events giving rise to the work stoppage and reasons why the applicant believes it is unlawful;
  • remedies sought from the Board;
  • copy of the relevant collective agreement.

An application may be delivered by hand or by messenger to the Registrar at the closest Board office.

Where the applicant is seeking an immediate public hearing, the applicant must also deliver a copy of the application to the persons affected. The Board must then receive confirmation from the applicant as to the date, time and manner of delivery. This important procedure enables the Board to schedule a hearing on very short notice.

What happens next?

When a formal application is filed, the Board will acknowledge receipt and will ensure that a copy of the application and of the documentation is provided to any union, employer or person named in the application. Parties named are given an opportunity to file written submissions in response to the application, within the time period set by the Board.

Where it appears that the parties or the situation may benefit from the involvement of an industrial relations officer, the Registrar will appoint one. The IRO assigned will, where appropriate, attempt to uncover the underlying cause of the work stoppage, and work with the parties on an informal basis to seek an accommodation that will result in an end to the work stoppage, and avoid further more formal proceedings.

While the informal process is going on an assessment is made of the degree of urgency involved. Arrangements are made for a Board panel to be assigned and a date for a hearing is set. The hearing is usually held in the community where the work stoppage is taking place.

The informal process may continue right up to the time of the hearing, if it still seems that a settlement is possible. If a settlement is reached, the hearing will not take place. If no settlement is reached, the IRO will not give any information to the Board concerning the informal discussions.

The Board gives its highest priority to dealing with unlawful strike and lockout applications. When the local Board office receives advance notice of the application, the Board and its staff can get a head start on making arrangements for both the involvement of a IRO and the more formal hearing.

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About the hearing

If a matter cannot be settled informally, the Board will normally conduct a public hearing before making a determination.

The Board will hear evidence and argument as to whether a strike or lockout within the meaning of the Code is taking place or about to take place, whether it is unlawful, and what remedy is appropriate in the circumstances. This will normally include the nature of the work stoppage, such as a work to rule, a ban on overtime or a refusal to cross a picket line, whether a collective agrement is in effect, and whether the dispute settlement provisions of the Code have been exhausted, and the criteria set out in section 89 of the Code have been met. The Board may seek the agreement of the parties on certain facts to expedite the hearing. The Board takes a non-technical approach.

In keeping with the urgency associated with this type of application, the Board will normally continue the hearing process without interruption until the parties have presented their cases and the Board has all required information to make a decision. The Board will then withdraw to deliberate and may wish to make its decision known to the parties orally within hours of the conclusion of the hearing. If a formal order is required, it is usually issued shortly after the hearing.

Remedies

The Code gives the Board the power to make specific remedies where it finds that an unlawful strike or lockout is taking place.

The Board may make a declaration that a strike is unlawful, that the union has declared or authorized a strike, and that employees are participating or are likely to participate in it. The Board may also issue a "cease and desist" order:

  • requiring the union to revoke its authorization for the strike and to notify the employees;
  • enjoining employees from participating in the strike;
  • requiring the employees to perform their duties;
  • requiring the union to give notice of the order to its members.

The Board may also make a declaration that the employer has declared or is about to declare or cause a lockout. The Board may also issue a "cease and desist" order:

  • forbidding the employer to declare or cause the lockout;
  • requiring the employer to discontinue the lockout and permit the employees to return to work;
  • requiring the employer to give notice of the order to its employees;
  • compensating employees for remuneration lost during the unlawful lockout.

In considering remedies in unlawful strike and lockout cases, as in the more informal processes that precede the hearing, the Board adopts a problem-solving approach, keeps in mind the labour relations realities unique to each situation, and does not always come up with a purely legal remedy. For example, the Board has refused to issue an order when the strike or lockout had already ended. If the union is found not to have authorized or declared a strike, the Board may simply order the employees to perform their duties. In one case, where the union voluntarily revoked its authorization of activities that the Board found to be an unlawful strike, no order was issued. In another, the Board declined to issue an order, but it assigned a IRO to monitor events following a finding of an unlawful strike. Where a union or an employer continue to cause unlawful work stoppages, the Board will consider using stronger measures to ensure compliance with its orders.

Enforcement of Board Orders

The Board's approach to tailoring the terms of formal orders to meet the circumstances in each case has resulted in a high degree of acceptance by the parties and persons affected.

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Where an order is not complied with, however, a party may apply to the Board to file the order in the Federal Court of Appeal, where it has the same weight as an order of that Court. Enforcement of the order then becomes a matter for the Federal Court, not for the Board, and failure to comply with that order can result in contempt of court proceedings.

Unlawful strikes and lockouts are offences under the Code, punishable on conviction by substantial fines. However, no prosecution can be initiated against unions, employers, or their representatives, unless the prior consent of the Board is obtained. The Board will inquire into the reasons for non-compliance, and may or may not consent to prosecution, depending on the circumstances.

Date modified:

FAQs

Can you get sacked for striking? ›

It depends on whether the strike was a form of 'protected industrial action'. Although a strike, or other form of industrial action, is a breach of the contract of employment, which would normally give the employer the right to terminate, dismissal would be unfair if the action was 'protected'.

Do I get paid if my union strikes? ›

You are not entitled to be paid for days you did not work. An employer's failure to pay when workers go on strike is a lawful deduction from wages. Refusing to work by going on strike puts you in breach of your contract of employment.

Do you have to go on strike if your union strikes? ›

You cannot be forced to do so, but it is part of belonging to a democratic union in which decisions are made collectively. We recognise that taking strike action is very serious, which is why UNISON asks you and every other member to observe the strike, if called.

Can you collect EI if you are on strike in Ontario? ›

No. Generally, if you're unable to work because of a strike or lockout, you can't get regular EI benefits. However, you may be eligible for EI maternity, parental (includes adoption), sickness, or authorized training benefits.

Can you get your job back after a strike? ›

You can be lawfully fired for participating in an unprotected strike. When a protected strike ends, you are entitled to return to work. If the reason for the strike was, in whole or in part, to protest one or more unfair labor practices, strikers must be immediately reinstated.

Do I have to tell my employer I am striking? ›

Q: Do I have to tell my employer I am going on strike? A: No. You do not have to tell your employer whether you plan to take industrial action in advance of the date when action begins as this will enable them to minimise any disruption the action is aimed to cause.

How long do union strikes usually last? ›

Work stoppages lasted an average of 41.1 days over the past decade, according to Bloomberg Law data.

Does everyone get strike pay? ›

Only signed-up members are eligible to receive strike pay.

How do Strikes affect employees? ›

The principle of “no work – no pay” applies. The employer does not have to pay the employees during a strike. However, the employer has to make payments in kind which include food, accommodation and other benefits such as pension, medical aid and so on. Employers may appoint replacement labour in response to a strike.

Can my union force me to strike? ›

Legally nobody can force you to do so. While union members may lawfully attempt to persuade you (known as picketing), you can rightfully refuse.”

Can I choose not to strike? ›

Whatever the reason may be, workers are well within their rights to decline to join a strike. On the other hand, employees are also within their rights to strike and will not face dismissal as a result of this.

What happens if your union strikes? ›

You will receive your final pay check for the last pay period including any overtime you worked, minus the days you are on strike. You cannot collect unemployment. If any strike lasts longer than five days, you will receive a union strike cash benefit to be determined by the International Union (OPEIU).

Can you collect EI during a lockout? ›

Can I collect Employment Insurance while on strike or locked out? No, however, if a member is already in receipt of Maternity or Sick Benefits at the time of the job action through EI they are entitled to continue to receive payments.

What happens if you call in sick during a strike? ›

Workers who are absent on sick leave when a stoppage of work starts retain their right to statutory sick pay during the period of industrial action.

Can I get EI if I am fired from my job? ›

Eligibility for employment insurance is based on two factors: the reason your employment came to an end and how long you have worked with the employer. You can collect unemployment, even if you were fired, as long as you were not fired for misconduct. Misconduct is usually an act done intentionally.

What are the consequences of illegal strikes? ›

India Code: Section Details. (1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.

What is considered a negative impact of a strike on an employer? ›

For employers, one of the consequences of strikes is the loss of production and customers. The case of transit workers is an excellent example to illustrate how employers can lose production and customers due to strikes.

What are the disadvantages of a strike for employees? ›

Examples of this are work stoppages, go-slows, overtime bans and work-to-rule. THE ECONOMIC EFFECTS OF A STRIKE FOR BOTH PARTIES. The employer is likely to lose money due to delayed service to clients or to lost production time. The employees will lose their pay due to the no work, no pay principle.

What do employers need to know about strikes? ›

The employee does not have to take part in industrial action and they cannot be disciplined if they do take part. Striking can be a breach of contract by the employee and affect their employment rights such as the right to redundancy pay or entitlement to notice if they are dismissed for striking.

What are the rights of employees during strike? ›

The principle of “no work – no pay” applies. The employer does not have to pay the employees during a strike. However, the employer must make payments in kind which include food, accommodation and other benefits such as pension, medical aid and so on. Employers may appoint replacement labour in response to a strike.

Can my employer ask if I am going to strike? ›

You can ask your employees if they're planning to strike, so that you can tell what effect the strike will have - but they do not have to tell you their plans.

How do you survive a union strike? ›

Here are some steps to take to get your finances in order before and during a strike:
  1. Keep in contact with your union. ...
  2. Make sure your credit is in order. ...
  3. Build up a war chest for emergencies. ...
  4. Evaluate your options for low-interest loans. ...
  5. Create a budget and make cuts early. ...
  6. Determine what bills are due and when.
27 Feb 2018

Can a union get you fired? ›

No. Your employer cannot legally fire you for talking to, joining, or even organizing a labor union. This is because the National Labor Relations Act (NLRA) protects your right to form, join, or assist a union.

Is it hard to get fired in a union? ›

In a unionized environment, firing a union employee is rare, unless their conduct is egregious. Steps of progressive disciplinary action include oral notice of concerns, written warning, letter of expectation, mandatory corrective action plan and formal letters of reprimand prior to the actual termination.

What is average strike pay? ›

Depending on which union you belong to, you may get a specific strike pay amount per day or per week, or you could simply be allotted emergency funds based on need. Strike pay can be quite low compared to your regular pay with some unions paying between $200-$300 per week.

What are the benefits of strikes? ›

Strikes play an important role in empowering workers vis-à-vis their employers. By withdrawing their labor power, workers are able to balance the scales against the owners of capital, who rely on workers for production and providing services.

Are workers paid while on strike? ›

Workers on strike can expect to lose wages for the time they do not work. However, "pay cannot be deducted from a worker if they were striking on a day they were not scheduled to work", says Ms Boyde. No-one can be forced to take part in a strike - so a worker can still choose to work if they want to.

What are the 5 rights that workers have? ›

To start with, every employee has the right :
  • Not to be unfairly dismissed.
  • To be treated with dignity and respect.
  • To be paid the agreed wage on the agreed date and at the agreed time.
  • To be provided with appropriate resources and equipment to enable him/her to do the job.
  • To have safe working conditions.

What is the most common reason for strikes? ›

Most strikes are over pay and better working conditions. Without the threat of strike action, corporations will be able to make bigger profits, while working conditions will get worse.

How can employees deal with illegal strikes? ›

In the case of strikes that do not comply with the act, the employer may approach the Labour Court (exclusive jurisdiction) to grant an order or interdict to restrain any employee from participating in that strike or any conduct in contemplation or furtherance of the strike.

What makes a strike unlawful? ›

A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.

What if your union does not fight for you? ›

If you believe the union has failed to uphold its duty to fairly represent you, you may seek legal action. However, keep in mind that a union's duty to fairly represent you doesn't require it to pursue the matter in the specific way you want it to or even to pursue every grievance until the last stage.

How long does a strike ballot last? ›

The six-month time limit can be extended to nine months if the union and employer agree.

How do you overcome a strike? ›

How to Resolve a Strike
  1. Bridge the worker-management divide. ...
  2. Practice empathy. ...
  3. Maintain a positive attitude. ...
  4. Allow for worker autonomy. ...
  5. Provide employees with the information they need. ...
  6. Consider appearances. ...
  7. Consider employee safety.
11 May 2021

How can I stop striking? ›

4 Tips to Avoid Union Strikes
  1. Proactively Take Action to Prevent Unionization. The best way to avoid a strike is to prevent a union from organizing in the first place. ...
  2. Walk Around. ...
  3. Incorporate 'No-Strike,' 'No-Lockout' Clause. ...
  4. Appear 'Ready' For A Strike. ...
  5. Implement Bargaining Strategies. ...
  6. Bottom Line.
13 Jan 2022

Do workers get paid during a lockout? ›

During the lockout players will receive any signing bonus or deferred salary payments, though they are not paid their base salary should the lockout extend into the regular season (players are only paid during the season).

What are the legal consequences of an illegal strike to union officers? ›

However, any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status.

Can I refuse to cross a picket line? ›

In no circumstances does a picket have power to require other people to stop, or to compel them to listen or to do what the picket asks them to do. A person who decides to cross a picket line must be allowed to do so. It is unlawful for a union to discipline a member for crossing a picket line.

Can you retire during a strike? ›

However, if the company recalls employees from layoff to work during the strike and they honor the picket line and refuse to work, they would become strikers and may be determined to be ineligible for continued SUB benefits and health care coverage. If there is a strike or lockout, can I still retire? Yes.

What disqualifies you from getting EI? ›

The following events may be grounds for a disqualification: voluntarily leaving employment without just cause (EI Act 29(c); Digest Chapter 6) losing employment by reason of one's own misconduct (EI Act 30(1); Digest Chapter 7)

When can an employer lock out? ›

The right to lock out may be utilised by the employer in an offensive or a defensive manner. In the case of offensive lock outs, the employer elects, of its own accord, to lock employees out in response to a dispute of mutual interest in accordance with the procedure set out in section 64(1) of the LRA.

Can my boss fire me for calling in sick? ›

The State of California's Paid Sick Leave Laws

It is illegal for a California employer to terminate your employment if you use sick leave that you have accrued and are entitled to use. If you are fired for using your sick leave, you might be able to file a lawsuit for wrongful termination.

What happens to health benefits during a strike? ›

A. A law called COBRA requires group health plans to offer striking workers and their covered dependents the opportunity to continue health coverage for up to 18 months when they go on strike by paying for it out of their own pockets. This applies to medical, dental and vision benefits.

Is it better to be fired or quit for EI? ›

When you quit for cause, you get EI regular benefits, not EI special benefits. EI regular benefits are for people who lost their job usually because of a termination or layoff and therefore differ from EI special benefits like maternity benefits, which are for special temporary leaves of absence.

Can I get EI if I quit due to stress? ›

Ordinarily, when you voluntarily resign from your employment, you are not entitled to receive EI benefits. However, if you can demonstrate that there was some sort of justifiable reason, or cause, for quitting your job, you may be entitled to EI.

Does getting fired go on your record Canada? ›

Some people believe that quitting is better than getting fired because it will show up on your record that you were fired, which is a bad look for future employers. However, this is not true. There is no such thing as an employment record. Future employers have no way to know whether someone was fired or quit.

What happens if workers go on strike? ›

You will receive your final pay check for the last pay period including any overtime you worked, minus the days you are on strike. You cannot collect unemployment. If any strike lasts longer than five days, you will receive a union strike cash benefit to be determined by the International Union (OPEIU).

Are Striking workers protected? ›

Section 7 of the National Labor Relations Act states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section.

How do you deal with a striking employee? ›

How to Resolve a Strike
  1. Bridge the worker-management divide. ...
  2. Practice empathy. ...
  3. Maintain a positive attitude. ...
  4. Allow for worker autonomy. ...
  5. Provide employees with the information they need. ...
  6. Consider appearances. ...
  7. Consider employee safety.
11 May 2021

What happens if you get caught working while on strike? ›

As a union member, you are bound by the union's constitution and bylaws, which in most unions provide that members who work during a lawfully-called strike can be fined. Such fines can be expensive and may be collectable in state court. Should you resign from membership if you work during the strike? Yes.

How long do strikes usually last? ›

Work stoppages lasted an average of 41.1 days over the past decade, according to Bloomberg Law data.

How long can you go on strike for? ›

You have twelve weeks to strike

Although you are exempt from dismissal when taking part in a union organised labour strike, this is limited to a specific time period. Andrew explained: “Industrial action is only protected for a twelve-week period, meaning that you are only safe from dismissal during this time.

Do employees get paid when on strike? ›

Workers on strike can expect to lose wages for the time they do not work. However, "pay cannot be deducted from a worker if they were striking on a day they were not scheduled to work", says Ms Boyde. No-one can be forced to take part in a strike - so a worker can still choose to work if they want to.

Are strikes a human right? ›

It isn't some transitory policy fix; it's a fundamental human right, recognized in international law. Without the right to strike, workers have no effective recourse against unhealthy conditions, inadequate wages, or employer tyranny.

What makes a strike illegal? ›

A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.

Which employees are not allowed to strike? ›

In terms of Section 65(d)(1) of the Labour Relations Act, any person engaged in an essential service may not take part in a strike.

How do you deal with illegal strikes? ›

In the case of strikes that do not comply with the act, the employer may approach the Labour Court (exclusive jurisdiction) to grant an order or interdict to restrain any employee from participating in that strike or any conduct in contemplation or furtherance of the strike.

Do employees get paid during a lockout? ›

During the lockout players will receive any signing bonus or deferred salary payments, though they are not paid their base salary should the lockout extend into the regular season (players are only paid during the season).

Can employees be dismissed for unprotected strike? ›

o Dismissal is the ultimate sanction an employer can impose on unprotected strikers, assuming it is procedurally and substantively fair. o Dismissal can also be used as a tactical weapon especially when it is coupled with an invitation to dismissed employees to re-apply for their jobs.

How do you survive a strike? ›

Here are some steps to take to get your finances in order before and during a strike:
  1. Keep in contact with your union. ...
  2. Make sure your credit is in order. ...
  3. Build up a war chest for emergencies. ...
  4. Evaluate your options for low-interest loans. ...
  5. Create a budget and make cuts early. ...
  6. Determine what bills are due and when.
27 Feb 2018

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