Could employers use the law to stop unions from taking strike
action even when it is lawful to strike
under the processes set out in the labour relations statute?
Yes.
Unions could end up being responsible for huge financial damages
if an employer successfully sued them for damages arising out of
industrial action. Therefore, even the
threat of legal action might be sufficient to make a union think
twice; although, many unions have taken such cases on in support
of their members’ rights.
Nevertheless,
employers had another legal mechanism that could be used to stop
the industrial action before it even started — the injunction.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
January
2005 |