Essay on Legal Strikes and Illegal Strikes Under Labor Law

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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…
Because Peter is the chief steward of the union and has been occurring substantial financial losses to the company, it is worth hiring a third party to do the investigation for Bob. After he is collected concrete evidence against him, he should conduct an interview with Peter in the presence of another senior management member and address the issues. Peter should be given verbal warning followed by the written warnings. He can repeat the written warnings if required so that the disciplinary action can be escalated to the next level. If Peter finally does not correct his behavior, which most likely seems to be the case, he should be suspended without pay fro 1 to 5 days. After that if he still does not change his behavior, he is subject to be terminated with cause.

Question 3: If Peter is discharged, what arguments would the company lawyer use at arbitration? (10 marks) If the management decides to discharge Peter, he using his power will take the disciplinary action to attribution where the union will try to show that management did not have cause to the disciplinary action against Peter. Company lawyer in this case should have real evidences against peter so that management can attempt to prove how the action taken was crucial for business. Peter committed some serious offences like drinking at the workplace and the clear disciplinary record the
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