Legal Strikes and Illegal Strikes Under Labor Law

2772 words 12 pages
Q1. Legal strikes and illegal strikes are dramatically different in terms of how they are viewed in Labour Law. Discuss. (5 marks) Section 1 (1) of the Labour Relations Act, 1995 defines “a strike as a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output”. According to the “Labour Relations Act, 1995” the strikes are legal only if some preconditions are met such as the collective agreement must have expired, a strike vote must have been held and 50% of the members are in favour of the strike, and a conciliation officer must have been …show more content…
The lawyer should talk about management rights in collective agreement, which outlines that the management has the right to fire the employees who are subject to discipline and poor performance to run the business smoothly. The lawyer should provide the substantial documentations Bob prepared while investigation and warning stage. The lawyer should also emphasize if discipline is a required function on the management’s mandate to preserve stability in the workplace. Talking within the context of discipline the argument should be made by the lawyer about how Peter’s absenteeism significantly and progressively exceeded the plant average and that the behavior was not altered by him after a series of communication with him in making an effort to close the gap between his performance and the established standards of the organizations. While highlighting the causes of discharge such as, 100 missed shifts, 53 late arrivals and 25 occasions of not advising the supervisor of his absence, the argument should also be made about as to how Peter was able to influence management using his power not to make a report on his disciplinary record. Considering his involvement in the serious infractions such as drinking at the workplace and harassing the

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