Industrial disputes

Following industrial action - legal issues

An employer may re-engage an employee dismissed during industrial action on whatever terms the employer chooses, provided the same terms are offered to all the dismissed workers.

During the three months following dismissal, an employer can't selectively re-engage some employees and not others. After the three months are up, the employer can offer to re-engage any of the employees dismissed.

Any week during which an employee takes part in a strike does not count towards their continuous employment. Taking part in a strike will not, however, break an employee's continuity of employment.

Subjects covered in this guide

• Introduction
• Avoiding industrial disputes
• Dealing with industrial disputes
• Effective negotiating
• Before industrial action takes place - legal issues
• During industrial action - legal issues
• Following industrial action - legal issues
• Trade union recognition
• Collective bargaining

 

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