Employment And Strikes
Taking part in a strike does not automatically result in your employment being terminated. Continuity of employment is defined as the ability to continue to do your job without interruption for more than a week. During a strike, continuity of employment can be temporarily postponed if you have a work-from-home or work-for-the-fee based contract
Protected industrial action is a method of working out certain statutory employment rights in the workplace. It is an effective tool for unions.
If an employer wants to take part in protected industrial action, it must follow Fair Work Act 2009 procedural rules. This includes a requirement for the employee to receive written notice of the intended action. The employee must also provide a ‘Advice Form’ to their supervisor. In some instances, the employer may be required to withhold some of the employee’s wages during the industrial action.
If a trade union calls out members to take part in official industrial action, the law protects them from dismissal. Dismissal is unfair if the employer does not act in good faith to resolve the dispute, and if the employee continues to take part for more than twelve weeks.
The rules are complex. However, the Department for the Economy has issued a code of practice for industrial action notices to employers.
Industrial action is defined as a concerted stoppage of work. It has two main forms: Official and Unofficial. In order to qualify as an official action, the union must be properly organised and comply with certain rules.