What's an example of an illegal strike or lockout?

Question

Accepted Answer

Employees can’t go on strike or be locked out if:
• less than 40 days have passed since the bargaining was initiated
• there is a current collective agreement
• it relates to including a bargaining fee clause in the collective agreement
• it relates to a personal grievance
• it relates to a dispute
• it relates to freedom of association
• it is in an essential service and the right notice hasn’t been given
• it is against a court order.
If a strike or lockout isn’t legal, a party can apply to the Employment Court for an injunction to stop it or to sue for loss caused by it. For example, loss of work or hours which has affected a contract and impacted on the earnings of a business. A party trying to stop the strike or lockout often applies for an interim injunction first because of the tight timeframes.
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