Exam Study

Question 1

What type of bargaining would you expect to see sanctions associated with?

Answer 1

Sanctions by either party would, as a general rule, be used only for matters to do with distributive or competitive bargaining.

Question 2

What are the two types of disputes?

Answer 2

Disputes of interests-

Disputes of interest occur during the negotiation phase. They are about setting the rules employees and employers are bound to under their agreements. Such disputes are more about what can be negotiated, and are usually dealt with during the agreement negotiation phase

Disputes of rights -

Disputes of rights occur after the negotiation phase. Once an agreement is in place, then there are more formal processes that need to be followed.

Question 3

When is action a strike action?

Answer 3

When it is is due to a combination, agreement, common understanding, or concerted action, whether express or, as the case requires, implied, made or entered into by the employees.

Question 4

When can an employer execute a lockout?

Answer 4

is done with a view to compelling employees, or to aid another employer in compelling employees, to—
(i)
accept terms of employment; or
(ii)
comply with demands made by the employer.

Question 5

What is the definition of good faith?

Answer 5

(a) must deal with each other in good faith; and

must not, do anything to mislead or deceive each other;

(1A) The duty of good faith is wider in scope than the implied mutual obligations of trust and confidence; and

(b) requires the parties to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are responsive and communicative; and
(c) requires an employer who is proposing to make a decision that will, have an adverse effect on the continuation of employment of 1 or more of his or her employees to provide to the employees affected—

(i) access to information, relevant to the continuation of the employees’ employment, about the decision; and
(ii) an opportunity to comment on the information to their employer before the decision is made.

Question 6

What is good faith in collective bargaining?

Answer 6

When involved in collective bargaining, it is important to note that good faith requires:

• an agreement be concluded unless there are reasons not to do so
• specific requirements for the process of conducting the bargaining
• obligations to provide information.

Question 7

What does Sec 32 say about good faith in collective bargaining?

Answer 7

Good faith in bargaining for collective agreement
(1) The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to do, at least, the following things:

(a) the union and the employer must use their best endeavours to enter into an arrangement, as soon as possible after the initiation of bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and
(b) the union and the employer must meet each other, from time to time, for the purposes of the bargaining; and
(c) the union and employer must consider and respond to proposals made by each other; and
(d) the union and the employer—
(i) must recognise the role and authority of any person chosen by each to be its representative or advocate; and
(ii) must not (whether directly or indirectly) bargain about matters relating to terms and conditions of employment with persons whom the representative or advocate are acting for, unless the union and employer agree otherwise; and
(iii) must not undermine or do anything that is likely to undermine the bargaining or the authority of the other in the bargaining; and
(e) the union and employer must provide to each other, on request and in accordance with section 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining.
(2) Subsection (1)(b) does not require a union and an employer to continue to meet each other about proposals that have been considered and responded to.
(3) The matters that are relevant to whether a union and an employer bargaining for a collective agreement are dealing with each other in good faith include—
(a) the provisions of a code of good faith that are relevant to the circumstances of the union and the employer; and
(b) the provisions of any agreement about good faith entered into by the union and the employer; and
(c) the proportion of the employer’s employees who are members of the union and to whom the bargaining relates; and
(d) any other matter considered relevant, including background circumstances and the circumstances of the union and the employer.
(4) For the purposes of subsection (3)(d), circumstances, in relation to a union and an employer, include—
(a) the operational environment of the union and the employer; and
(b) the resources available to the union and the employer.
(5) This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement.
(6) To avoid doubt, this section does not prevent an employer from communicating with the employer’s employees during collective bargaining (including, without limitation, the employer’s proposals for the collective agreement) as long as the communication is consistent with subsection (1)(d) of this section and the duty of good faith in section 4.

Question 8

What are the five steps of a negotiation?

Answer 8

• Plan:
  determine the employer’s or employee’s objectives for the work.
• Analyse positions:
  obtain information about the other party and analyse their position. This is helpful in determining the issues to be negotiated.
• Classify issues:
  sort out which issues are essential to both parties, which issues are not relevant, and which require further discussions.
• Explore issues and reach settlement:
  explore the issues you identified as needing further discussion. Find out where any common ground lies. This may involve compromise or amendment of one’s original position statement.
• Record the agreement:
  if an agreement is reached, construct a permanent record of the agreement so that you can easily monitor contract performance against it.

Question 9

What does Part 6 of the ERA say about negotiable terms?

Answer 9

When dealing with negotiable terms, each side states its case (for example, for a particular pay rate) and listens to the other’s response. Note that Part 6 of the ERA enforces this as it tells us that once an employer has offered an employee an employment agreement, the employer must consider and respond to issues the employee raises.

Question 10

What are the minimum requirements for a CEA?

Answer 10

Minimum requirements for collective agreements

The ERA Part 5 requires the following of collective agreements:
- that they are in writing

• that they are signed by the union and employer parties to the agreement
• that they contain a clause stating how the agreement may be varied
• that they contain a plain language explanation of the services available for employment relationship problem resolution (including the 90-day time limit for submitting personal grievances).

Question 11

What are the minimum requirements for an IEA

Answer 11

Minimum requirements for individual employment agreements
The ERA Part 6 requires the following of individual employment agreements:
- that they contain a description of the employee’s work

• that they indicate where the employee performs the work
• that they indicate arrangements as to the times the employee is to work
• that they state the wages or salary payable to the employee.

Question 12

What is the difference between Negotiating and Bargaining?

Answer 12

Negotiation
Negotiation is the wider process where parties set out with certain goals, but discuss and are willing to compromise to achieve the best outcome.

Negotiation is usually when two or more people (or parties) get together with the aim of reaching an understanding or producing an agreement.

Bargaining
Bargaining is when we are specifically negotiating the cost of an item. In bargaining, the buyer and seller reach an agreement on the price and the specifics of what exactly is being purchased. Bargaining can occur in many settings, for instance, the purchase of a property or car. When you buy something from a shop and ask for a discount for cash, you are engaging in a simple form of bargaining.

Question 13

What are the three theories that relate to bargaining?

Answer 13

Marketing
Governmental
Mangerial

Question 14

Describe the Marketing theory with respect to bargaining.

Answer 14

According to marketing theory, collective bargaining is viewed as a means of setting the price at which labour is to be sold in the marketplace. Therefore under marketing theory, the functions of unions are to:

• equalise the imbalance between the bargaining strength of employers and workers
• contribute to regulating competition among workers.
  In order to increase the price of labour, unions act to restrict or control the available supply of labour.

Marketing theory focuses on wages, salaries and economic benefits.

Question 15

Describe the governmental theory relating to bargaining.

Answer 15

Governmental theory considers collective bargaining as a rule-making process. Collective bargaining establishes rules and the procedures to be followed in determining the rules. Thus, bargaining parties accept certain conventions and regulations governing their negotiations. Parties generally accept the need to follow dispute procedures if they fail to reach agreement. Collective bargaining may therefore be considered a form of industrial self-government. It is a way of introducing the rule of law into employment relations, based on the principle of shared responsibility.

Question 16

Describe Managerial theory in relation to bargaining.

Answer 16

Managerial theory emphasises the function of collective bargaining at the enterprise level. Thus, within the enterprise, collective bargaining between management and union effectively involves the union in the management process. Employees, through their elected representatives, have an opportunity to influence the decisions that directly affect them in the workplace. Collective bargaining therefore involves the union, whether they like it or not, in aspects of the management of the enterprise.

Question 17

What are the two types of bargaining?

Answer 17

Distributive bargaining

Integrative bargaining

Question 18

Describe distributive bargaining.

Answer 18

This is also called competitive, direct or fixed-pie bargaining.

In this type of bargaining parties view resources as fixed. They must bargain to ensure the greater majority of the pie. Thus, in distributive bargaining, whatever one party stands to gain, the other must give up.

Two examples of times where direct bargaining might be the more appropriate approach are:

• when there are pure conflicts of interest to be settled between the parties
• disputes over the allocation of scarce resources, where the gain of one party results in a loss to the other party.

Question 19

Describe Integrative bargaining.

Answer 19

Integrative bargaining (also called cooperative or indirect bargaining) is used when the parties should collaborate. Integrative bargaining seeks to enlarge the pie of resources.

Integrative bargaining assumes that the parties can gain from pooling their resources of information and expertise on the basis of cooperation. Negotiations about health and safety matters, productivity agreements and worker participation may provide benefits for all. Although they may require an outlay of resources, management may view this as an investment because there will be a direct return.

Question 20

What are the three types of collective agreements?

Answer 20

1) Enterprise (Usually a single employer)
2) Regional (Multi-employer
3) Industry-wide (Multi-employer)

Question 21

What is unfair bargaining?

Answer 21

Unfair bargaining occurs when:

1) one party induces the other to enter into the agreement by oppressive means, undue influence or duress
2) one party knows, or ought to know, that the other is unable to adequately understand the provisions or implications of the agreement
3) one party does not have information or opportunity to seek independent advice.

Question 22

What is the purpose of mediation?

Answer 22

The process of mediation is where the people involved in an employment relationship get another person (someone independent) to help them resolve a problem. This independent person is able to help the parties to clarify where their problem actually is, and then find some sort of resolution that both groups find acceptable.

Question 23

Can new employees be covered by a CEA? And if they choose not to be what must happen?

Answer 23

New employees to a workplace may elect to be covered by a CEA if one applies (provided the agreement contains a term permitting the addition of new employees by mutual agreement).

If new employees do not elect for CEA coverage, the employees must be offered IEAs. The terms of an IEA must be consistent with any terms that could also apply to a CEA. Employees who elect IEA coverage may or may not retain union membership. There is nothing to prevent a union assisting a person working under an IEA.

Question 24

What must be included in an IEA?

Answer 24

1) the names of the employer and the employee
2) a description of the employee’s work
3) details of the employee’s workplace
4) the wages or salary payable
5) the working hours, days and times for the employee (together with details of rest and meal breaks),
6) a plain-language explanation of services available for employment relationship problem resolution
7) an employment protection provision.

Question 25

What is a personal grievance?

Answer 25

A legal means by which an employee can challenge a range of unfair workplace decisions or practices that amount to employment relationship problems.

Question 26

Who can bring about a personal grievance?

Answer 26

The use of the personal grievance procedure is available to all employees whether covered by CEAs or IEAs. For personal grievances, an employee includes a person who has been offered work, and has accepted the job, but has not yet started.

Question 27

What grounds can someone bring about a personal grievance?

Answer 27

a personal grievance is a grievance that an employee might have against their employer, or former employer based on a claim of unjustifiable dismissal, duress in relation to membership or non-union membership, or disadvantage, discrimination, racial or sexual harassment in his or her employment.

Question 28

When can a PG be raised?

Answer 28

An employee can ‘raise’ a personal grievance by notifying his or her employer of the grievance. An employee has a time limit of 90 days from the date the grievance arose or came to the notice of the employee.

Question 29

What must happen first after a PG is raised?

Answer 29

Whatever the grounds for the grievance, the first step is for the parties to resolve the grievance by direct discussion. If the grievance cannot be resolved by direct discussion, it may be referred to the Ministry of Business, Innovation and Employment (MBIE) for mediation assistance.

Question 30

What are remedies for PG's?

Answer 30

Remedies can include reinstatement, reimbursement, compensation or (in the case of proven sexual or racial harassment) recommendations for workplace changes to prevent recurrence of a similar grievance.

Question 31

What is an important part of justifiable dismissal?

Answer 31

Procedural fairness plays a major part in determining the justifiability of any dismissal and the likelihood of personal grievance action that may follow. Procedural fairness is a principle that is underpinned by key principles in the Employment Relations Act. These principles include those that require the parties to act in good faith in all aspects of employment relationships. They also include the requirements that state that the justifiability of a dismissal or other action by an employer against an employee has to be determined objectively, as does how any such dismissal or action compares with what a fair and reasonable employer would have done in similar circumstances.

Question 32

What did Trotter v Telecom Corporation of NZ Ltd [1993] say in relation to procedural fairness?

Answer 32

In this case (which concerned a personal grievance action alleging unjustifiable dismissal) the Employment Court set out relevant principles for procedural fairness. These included the requirement for the employer to: - objectively inform the employee of its dissatisfaction with work performance as being below the set standard - set clear performance standards - give the employee reasonable time to achieve those standards; and, if the employee failed to attain those standards, inform the employee of this and ask him or her to explain. A key component of procedural fairness, then, is that an employer must at least clearly advise the employee of the problem, give them an opportunity to explain, and come to the decision to enact disciplinary measures only once the investigation had been completed.

Question 33

What 8 steps must be followed with respect to disciplinary matters?

Answer 33

The following principles are to be followed when dealing with disciplinary matters: 1) The employee must be advised of their right to request union assistance and/or representation at any stage. 2) The employee must be advised of the specific matter(s) causing concern and a reasonable opportunity provided for the employee to state any reasons or explanations. 3) The employee must be advised of the corrective action required to amend their conduct and given a reasonable opportunity to do so. 4) Before any substantive disciplinary action is taken, an appropriate investigation is to be undertaken by management. 5) Depending upon the seriousness of the misconduct an oral warning should usually precede a written warning. 6) The process and results of any disciplinary action is to be recorded in writing, sighted and signed by the employee and placed on their personal file. 7) If the offence is sufficiently serious an employee is to be placed on suspension pending an investigation under 4. 8) An employee aggrieved by any action taken by an employer must be advised on their right to pursue a grievance in terms of the personal grievance procedure set out in the ERA (see Part 9) under Section 10 of the ERA.

Question 34

What does common law say about dismissing employees?

Answer 34

Reasons for dismissal in this area may include unsatisfactory work by employees, illness, or redundancy. They are generally ‘with notice’. Again, common law suggests that employer decisions to dismiss will not only be found justifiable if they are based on: - a consistent and reasoned belief of employee unsuitability - thorough prior investigation that incorporates procedural fairness and reference to employee duties (express and implied).

Question 35

When can a fixed term contract be utilised?

Answer 35

They have taken the view that fixed-term agreements are permissible, must be used to meet genuine operational requirements of the employer, and that if they are not renewed and employees subject to them are dismissed, those employees will have a valid personal grievance claim alleging unjustifiable dismissal. However this only applies if the employer’s actions were such as to create legitimate expectation of renewal of employment. The Act prohibits the use of fixed-term individual employment agreements for ‘trial periods’ or as a means to deprive employees of lawful entitlements.

Question 36

What is a disadvantage?

Answer 36

‘that the employee’s employment or one or more conditions of the employee’s employment (including any condition that survives the termination of the employment), is or are or was (during employment that has been terminated) affected to the employee’s disadvantage by some unjustifiable action by the employer’. (Employment Relations Act, 2000)

Question 37

What is discrimination in employment relationships?

Answer 37

Discrimination is defined as the action of an employer in not permitting any employee to have the same opportunities as others (in the same or a substantially similar class of employment and with similar skills and experience), the same terms of employment, working conditions, training and promotion opportunities, and fringe benefits.

Question 38

When can racial harassment warrant a personal grievance?

Answer 38

Section 103(1)(e) of the Employment Relations Act establishes that an employee can lodge a personal grievance against his or her employer on the basis of having been racially harassed in the course of employment In essence, it is conduct or language by an employer or the representative of an employer (who may also be an employee) that expresses hostility or denigrates another employee on the basis of race or ethnic or national origin, is hurtful or offensive, or has negative effect on the other employee’s employment

Question 39

When can sexual harassment warrant a PG?

Answer 39

Section 103(1)(d) of the ERA establishes that an employee can bring a personal grievance they have a claim of sexual harassment. Section 108 defines sexual harassment as a range of unwelcome or threatening behaviours or conduct of a sexual nature that may be implied or overt. Such behaviour or conduct may be physical or verbal and may be committed by an employer, another employee, or a client of the employer. Regardless of whether the offender is the employer, a client or a co-worker, the affected employee can bring a personal grievance against the employer involved.

Question 40

What is relevant with respect to whether dismissal is justified or not?

Answer 40

Personal grievances of alleged unjustifiable dismissal frequently succeed or fail on the extent to which: – the worker complied with his or her express or implied duties under the employment agreement – the employer responded on the basis of reasoned inquiry and gathering of information – the grievant was given opportunity to explain events (procedural fairness).

Question 41

What is a progressive warning system?

Answer 41

It is generally accepted that employees cannot simply be dismissed without first making sure that they have had the opportunity to improve their performance (except in the case of serious misconduct). A progressive warning system needs to comply with procedural fairness. It usually takes several steps:

Question 42

What are the steps for a progressive warning system in relation to procedural fairness?

Answer 42

The employee being told that there are issues with their work. At the same time, the employee is told of any consequences to their work situation if the issues are found to be correct. The employee must then be given the chance to explain the situation. The employer must then make a decision on the relevant facts. a. Evidence must be obtained and the decision must be based on this evidence. b. The employer must be able to prove that misconduct has occurred.

Question 43

How do warnings and dismissal occur following the progressive warning system?

Answer 43

1) Talking to the employee about the situation and seeing if there is any way to improve performance (for example, some more training). 2) Giving the employee a verbal warning stating that if their performance does not improve, then the employer will take some action (this reflects the procedural fairness of the employee being told of the problem and any consequences). 3) If the problem does not improve (usually after at least two documented verbal warnings), then the process moves to written warnings. 4) Again, if the performance does not improve, then there is a final written warning. 5) Dismissal may then occur if no improvement is noted.

Question 44

What are the four methods of terminating employment?

Answer 44

1) Progressive Warning System 2) Redundancy 3) Abandonment 4) Incapacity

Question 45

When can employment be terminated in regards to redundancy?

Answer 45

According to MBIE employers may need to make changes in the workplace for a variety of reasons, such as: - improved technology - more productive business processes - product changes - loss of suppliers or markets - a decision to contract out or sell some or all of the business (Ministry of Business, Innovation and Employment, 2010)

Question 46

What is Summary dismissal?

Answer 46

Summary dismissal for serious misconduct is a valid way of terminating employment. If it is established that an employee’s actions amount to serious misconduct, an employer may terminate the employee’s employment without notice.

Question 47

What is serious misconduct?

Answer 47

misconduct must be sufficiently serious that it undermines the trust and confidence that the employer has in the employee - bringing drugs or alcohol to work and/or consuming same at work - fighting or assaulting others at work - refusing to follow safety rules - theft of company property - breach of company policy (including misuse of email and internet) - sexual harassment - negligence or conduct seriously injuring business - falsification of company records such as information on one’s previous employment history on the job application form.

Question 48

What is Economic Conflict of Interest?

Answer 48

Employees want to be paid fairly while employers do not have endless capital to spend on wages

Question 49

What is Subjection to Authority?

Answer 49

The second cause of industrial conflict is that labour, as a factor of production, differs from other factors in that labour services cannot be separated from the person providing the labour. When hiring labour services, employers are hiring people whose activities must be coordinated and controlled in the interests of the organisation. Thus, if an organisation is to achieve its objectives, it must have a chain of command. Given the differing views of employers and workers about the exercise of authority, we see that wherever a group or individual exercises authority over others, the possibility of conflict is present.

Question 50

What four things are required to assist with preventing conflict?

Answer 50

1) Employment Agreements 2) Job Descriptions 3) Codes of Conduct 4) Performance Management Processes

Question 51

What options are available to assist with conflict resolution?

Answer 51

Mediation is available when an employment relationship problem cannot be solved by the parties involved. The ERA is in favour of the parties to a negotiation solving their own problems. However, if they have continuing problems, they can ask for assistance. The mediation service provided by the Ministry of Business, Innovation and Employment (Labour) (MBIE) can be helpful in this area. This mediation service is meant to be a more flexible approach than other mediation services. However, if matters become increasingly difficult, there is a more formal approach to mediation that is available through the Employment Relations Authority.

Question 52

How long does an employee have to elect to join a CEA?

Answer 52

within a 30-day time limit, any new employee may elect to join a union

Question 53

Do employment agreements have to be in writing?

Answer 53

Yes

Question 54

What must an employer do with a prospective employee?

Answer 54

Part 6 of the ERA requires that the employer: - give the employee a copy of all or part of the intended agreement under discussion - advise the employee that he or she may seek independent advice about the intended agreement - give the employee reasonable opportunity to get that advice - consider and respond to any issues raised by the employee. With regard to unions, when work described in an individual employment agreement is covered by a collective agreement, the employer must inform the employee. The employer must also tell the employee how he or she may contact the union that negotiated the collective agreement.

Question 55

What must be in an employment agreement?

Answer 55

All employment agreements All employees must be given reasonable opportunities to seek independent advice before signing any employment agreement. All employment agreements must contain: - plain-language explanations of the services available for the resolution of employment relationship problems - a statement pointing out that any employment dispute must be brought to the attention of the employer within 90 days. Collective employment agreement requirements Part 5 of the ERA tells us CEAs must contain: - a coverage clause describing: – the work or types of work – employees to whom the agreement applies - a clause that details a procedure for varying the agreement - an expiry date or circumstance after which the agreement expires (Employment Relations Act, 2000). Individual employment agreement requirements The rules on what IEAs must include are set out in Part 6 of the ERA. IEAs must have: - the names of the employer and employee - a description of the work the employee shall perform - an indication of where the employee shall work - an indication of arrangements linked to the hours the employee shall work - wages or salary payable to the employee - an employment protection provision covering the eventuality of an employers’ business being restructured.

Question 56

What are minimum requirements of an employments for employment conditions?

Answer 56

Minimum requirements through legislation other than the ERA are: a minimum wage for employees (Minimum Wage Act 1983) male and female employees must be paid equally for the same work (Equal Pay Act 1972) 4 weeks’ paid annual leave after 12 months employment for the same employer (Holidays Act 2003) 11 days’ paid leave per year for statutory or public holidays when these fall on days the employee would normally work (Holidays Act 2003) 5 days’ special leave for the next year, after 6 months’ employment; these days may be used as sick, domestic or bereavement leave (Holidays Act 2003) parental leave (Parental Leave and Employment Protection Act 1987) leave when serving as defence force volunteers (Volunteer Employment Protection Act 1973).

Question 57

What must each party to an employment agreement do with respect to Health and Safety?

Answer 57

Health and safety Employers must provide a safe workplace, with proper training, supervision and equipment. This duty includes identifying, assessing and eliminating (or minimising) risks and hazards, and investigating health and safety incidents. Employers are also required to report serious injuries at work to WorkSafe New Zealand. Employees must take reasonable care for their own health and safety, follow policies and procedures, and avoid causing harm to other people by the way they do their work. Employees may refuse work they believe will expose them or others to a serious risk to health and safety arising from an immediate or imminent exposure to a hazard, and have the right to participate in improving health and safety.

Question 58

What is the role of a labour inspector?

Answer 58

Labour inspectors are from the Ministry of Business, Innovation and Employment (Labour) (MBIE) they: - look at the situation to see if the relevant provisions of various Acts have been complied with - try to make sure that the provisions are complied with by: a. providing support, information and education b. assisting with implementation of processes and procedures that help with compliance.

Question 59

What can labour inspectors do?

Answer 59

Labour inspectors have statutory powers of entry and inspection of workplaces (much as do Customs Service or Inland Revenue inspectors) to ensure compliance with the law. In addition to general enforcement powers under the Holidays Act 2003 and Minimum Wage Act 1983, labour inspectors have powers to: - enter houses on the basis of occupier consent or warrant - require employers to produce wages and time records - issue demand notices (seeking compliance with holiday and minimum pay laws) to employers - resolve complaints by agreement with the employer.

Question 60

What are labour inspectors core roles?

Answer 60

The main role that they have as a group is checking to see that minimum requirements under law are met in any work situation. Other roles and responsibilities according to New Zealand at Work include: - Labour inspectors work with employers and employees to make sure that employment laws are applied properly in workplaces. - Labour inspectors monitor and enforce minimum employment conditions set out in various Acts of Parliament. - A labour inspector may investigate complaints about possible breaches of minimum entitlements, such as the minimum wage, holiday pay, wage deductions and parental leave, and enforce the law where there is non-compliance. - A labour inspector has the right to inspect and take copies of wages and time records, investigates cases impartially, and talks to all the parties before making a decision.

Question 61

What sanctions are available in the process of bargaining?

Answer 61

The threat of sanctions, which both parties know can be applied, can be a part of achieving a successful outcome in collective bargaining. For individuals, sanctions in New Zealand include taking one or other party to court for failure to observe the terms of the contract. For groups of workers and employers, sanctions include total or partial strikes and lockouts.

Question 62

What is a strike?

Answer 62

According to the ERA a strike occurs when: - a number of employees discontinue work, either in part or completely - labour continues to be withdrawn, and the employees do not return to work - industrial action being taken is common to all the workers involved.

Question 63

When is a strike lawful?

Answer 63

It is lawful to strike in support of collective bargaining negotiations, or when there is a legitimate health and safety reason to do so.

Question 64

When is a lockout lawful?

Answer 64

Lockouts are lawful for the same reasons as strikes: that is, in support of negotiations for a collective agreement or in the case of significant health and safety concerns (although partial lockouts are not allowed).