- 20 Marks
BCL – L1 – Q47 – Employment Law
Question
Workers of DESA Ltd embarked on a strike action in support of a strike action embarked upon by ZEWU Industries Ltd. The workers of ZEWU Industries Ltd declared the strike action after Management of their company ignored their demands for improved COVID-19 safety measures, among other demands. Workers of DESA Ltd, in their solidarity action, stated that the conditions under which they also work were similar to those for which workers of ZEWU Industries Ltd work and thus embarked upon the strike action. Prior to the decision to resort to an industrial action, the leaders of the workers union of ZEWU Industries Ltd orally told management of the company that they were proceeding with the industrial strike. The parties failed to agree to refer the dispute to voluntary arbitration, as provided in the conditions of service of employees resulting in the workers of ZEWU Industries Ltd going ahead with the industrial action.
Required:
Explain whether the strike action resorted to by the workers of DESA Ltd and ZEWU Industries Ltd were justified
Answer
Section 159 of the Labour Act, 2003, Act 651 states as follows:
Where:
(i) the parties fail to agree to refer the dispute to voluntary arbitration, or
(ii) the dispute remains unresolved at the end of the arbitration proceedings, either parties intending to take strike action or institute lock out, shall give written notice of this to the other party and the Commission, within seven (7) days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
Section 168(1) of Part XIX headed STRIKES, and with a subheading, Illegal strike, or lockout: states as follows:
“Subject to sections 159 and 160, a strike or lockout is legal if it is in sympathy with or in support of a strike action taken by another worker علیه
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- Tags: Employment Law, Industrial Dispute, Labour Act, Solidarity Strike, Strike Action
- Level: Level 1
- Topic: Employment Law
- Uploader: Samuel Duah