Back to: Introduction to the Labour Relations Act (LRA)
4.3 Limitations on the Right to Strike or Lockout
While the right to strike and the recourse to lockout are protected, there are limitations imposed by the Labour Relations Act to balance the interests of all parties and ensure public safety and welfare.
Firstly, the Act prohibits strikes and lockouts in essential services. Essential services are those services the interruption of which would endanger the life, personal safety, or health of the whole or any part of the population. Examples include police services, firefighting services, and emergency medical services. Employees engaged in essential services are not permitted to strike, and employers are not permitted to lock out employees in these services. Instead, disputes in essential services must be resolved through arbitration.
Secondary strikes, which are strikes by employees who are not directly involved in the primary dispute, are permitted under certain conditions. The secondary strike must be in support of a protected primary strike, and the nature and extent of the secondary strike must be reasonable in relation to the possible direct or indirect effect that the secondary strike may have on the business of the primary employer.
The Act also sets out the consequences for strikes or lockouts that do not comply with its provisions. Strikes or lockouts that do not meet the requirements of the Act are considered unprotected. Participants in unprotected strikes or lockouts are not entitled to the protections afforded by the Act, and they may face disciplinary action, including dismissal. Employers participating in an unprotected lockout may be subject to legal action and may be required to pay compensation for any losses incurred by employees.
These limitations and consequences ensure that the right to strike and the recourse to lockout are exercised responsibly and within the framework of the law.
Key Takeaways:
- The right to strike is protected by the Labour Relations Act, but it is subject to specific procedural requirements to ensure it is conducted lawfully.
- Employers have the right to a lockout, but this too is subject to procedural requirements to ensure it is conducted in an orderly manner.
- During strikes and lockouts, both parties must adhere to conduct guidelines to maintain order and respect the rights of others.
- There are limitations on the right to strike and lockout, particularly in essential services, and the Act outlines consequences for unprotected strikes and lockouts.
This concludes Module 4. In the next module, we will explore the provisions of the Labour Relations Act related to workplace forums. Thank you for your attention, and we look forward to continuing this journey with you.