My learned friend had this to say about the judicial strike: The question is have they followed the procedures set out under section 44 of the labour relations Act. The answer is no. Where there is a dispute the same is supposed to be reported to the Secretary for labour and if he is satisfied that the dispute settlement procedures have been exhausted the secretary for labour is under a legal obligation to conciliate the parties. Where one of the parties to the dispute is a government like in this case the parties have to agree on a conciliator. If they still dont agree on the conciliator the Industrial Relations Court is supposed to designate an independent arbitrator. The conciliation is supposed to be completed within 21 days unless the parties to the dispute agree to extend the time. If the parties have managed to resolve their differences a settlement agreement is drawn which binds both parties. If the dispute is unresolved the dispute may be referred to the Industrial Relations Court or either party may give notice in accordance with section 46 (3) that they intend to strike. The said section 46 (3) provides that a party intending to strike shall give notice in writing to the other party and the principal secretary for labour at least 7 days before taking such action. I am told that they flouted most of these requirements which makes a strong case for a illegal strike. My reading of the Labour Relations Act to a certain extent assumes cessation of employer/employee relations during strike. Section 50 (1) of the Labour Relations Act provides that if an employee who has participated in the strike in conformity with this Act or who has been locked out by his or her employer, presents himself or herself for work after the end of the strike or lockout , the employer SHALL, within a reasonable period REINSTATE such employee in the employment that he or she held immediately prior to the strike. This assumes that there are no normal employer/employee relations and as such payment of salaries must cease up until the strike is over and the employees have been reinstated. Do I need new lens to understand these provisions??
Posted on: Thu, 04 Dec 2014 08:11:17 +0000
Trending Topics
Recently Viewed Topics
© 2015