The Industrial Relations Act governs the rights of employees and trade unions including who can take industrial action and the role of the Industrial Court.
Industrial action
Under section 2 of the Act “industrial action” is defined as strikes and lockouts and any action by an employer, trade union or other organisation, or any number of workers or other persons to compel any worker, trade union, organisation or employer, as the case may be, to agree to terms of employment or to comply with any demands made by them. It includes action commonly known as a “sit-down strike”, a “go-slow” or a “sick-out”.
The expression does not include:
• A failure to start or refusal to continue work because “unusual circumstances have arisen which are hazardous or injurious to health or life”; and
• A failure to start work in any agricultural undertaking which is performed by task because of a delay in the conclusion of customary arrangements between employers and workers as to the size or nature of a task,
When can a worker take part in industrial action?
The act says that where there is an “unresolved dispute” between the employer and the recognised majority union, the employer or recognised majority union may take action by way of lockout or strike respectively. “Lockout Notice” or “Strike Notice” must be given to the other party and to the minister. Where industrial action is taken other than in keeping with the act, the party taking such action is guilty of an industrial relations offence and subject to the penalties under the act.
Who cannot take industrial action?
All employees of essential services are barred from taking industrial action. Essential services are:
• Electricity Service;
• Water and Sewerage Services;
• Internal Telephone Service;
• External Communications;
• Fire Service;
• Health Services;
• Hospital Services;
• Sanitation Services
(including scavenging);
• Public School Bus Service.
• Civil Aviation Services
Further, the following persons are not allowed to take part in any industrial action:
• members of the Public Service
• members of the Police Service
• members of the Prison Service
• members of the Defence Force
• members of the Fire Service
• members of the Teaching Service
• employees of the Central Bank.
Role of the Industrial Court
The Industrial Court is a superior court of record with powers:
• To hear and decide trade disputes;
• To register collective agreements and to hear and decide matters relating to the registration of such agreements;
• To command trade unions or workers from taking or continuing industrial action;
• To determine proceedings for industrial relations offences under the Act.
The Industrial Court has the same power as the High Court to punish any contempt of court.
