Strikes must comply with Labour Act

Kindly explain the difference between a legal and an illegal strike. I thought all strikes are illegal.

Claris Ogangah

The piece of legislation dealing with trade disputes and where the issue of strikes is addressed is the Labour Institutions Act of 2007.

The Act states: "Strike" means the cessation of work by employees acting in combination, or a concerted refusal or a refusal under a common understanding of employees to continue to work for the purpose of compelling their employer or an employers’ organisation of which their employer is a member to accede to any demand in respect of a trade dispute;

Strikes are usually a result of disputes or differences between employers and employees, employers and trade unions, or an employer’s organisation and employees or trade unions, concerning any employment matter.

The Act recognises strikes as a way of pushing for dispute resolution. However, the strike must be in accordance with the Act for it to be recognised as a legal strike.

If the strike is carried out contrary to the Act, it is termed illegal and the employer is at liberty to take disciplinary measures against the striking employees.

Only employees can carry out strikes whereas employers can carry out lockouts. Lockout means the closure of a place of employment, suspension of work or refusal by an employer to continue employing any number of employees to compel any employee to accept any demand in respect of a trade union and not for the purpose of financially terminating employment.

Authorised representative

Section 76 of the Act provides for when a person may go on strike.

It says a person may participate in a strike or lockout if the trade dispute that forms the subject of the strike or lockout concerns terms and conditions of employment or the recognition of a trade union, if the trade dispute is not resolved even after conciliation under this Act and if seven days notice of the strike or lockout has been given to the other party (employee or employer) and to the Labour Minister by the authorised representative.

Section 78 then for strikes or lockouts considered illegal. It provides that no person shall take part in a strike or lockout if any law, court award or collective agreement prohibits that person from carrying out a strike or a lock out, if the subject matter of the strike or lock-out is regulated by a collective agreement, if the parties have agreed to refer the trade dispute to the Industrial Court or the dispute was not referred for conciliation and if the employees are engaged in an essential service.

Strikes and lockouts are thus recognised under the law only if they comply with certain conditions for them to be considered legal.

Any dispute between the employer and employees must therefore have a structured mechanism of addressing the same and strikes or lockouts are only resorted to once the mechanisms provided by the Act fail to resolve the dispute.