Strikes and Lock-outs Flashcards
What is the role of strikes?
Strikes are crucial in collective bargaining as they balance the power dynamics between employers and employees. They represent a concerted withdrawal of labor, serving as the ultimate leverage for workers in negotiations.
What is the definition of a strike?
What are the categories of strikes?
Protected Strikes: These strikes adhere to procedural requirements set out in the LRA or a relevant collective agreement. Participants in protected strikes are shielded from dismissal solely for their involvement.
Unprotected Strikes: Strikes that fail to comply with procedural requirements under the LRA. Employees engaged in unprotected strikes can be dismissed, subject to meeting fairness standards, both procedural and substantive.
Prohibited Strikes: Strikes explicitly forbidden by the LRA, such as those in essential services. Participants in prohibited strikes face similar consequences to those in unprotected strikes regarding potential dismissal.
