Guidance about unlawful strikes
An unlawful strike is a form of industrial action that does not fall into the two categories as set out by section 86open_in_new of the Employment Relations Act 2000 (the Act), which are:
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At least 40 days after initiation of bargaining for an expired collective agreement (CA), by employees covered by the CA when it expired, or
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Is justified on the grounds of safety or health (in accordance with section 84open_in_new of the Act).
Should a school employee choose to undertake or engage in unlawful strike action, the board can suspend the employee without pay for the duration of the strike and could raise it as a disciplinary matter with any employee who participates in an unlawful strike.
What is a lawful strike?
As regulated by the Act, a lawful strike is a protected action that takes place either:
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At least 40 days after initiation of bargaining for an expired CA and is;
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By employees covered by the CA when it expired, or
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Is justified on the grounds of safety or health (in accordance with section 84 of the Act).
An employee participating cannot be disciplined (or otherwise punished) when participating in a lawful strike.
An employer can, however, suspend an employee without pay for the duration of their strike.
What guidance is available for boards?
Click on these links for specific guidance on:
Can staff attend rallies during school hours?
Board employees are entitled to attend political events in their personal capacity. However, attending events during their hours of work will need to be done by agreement between the school and the employee.
In most cases, this will be an agreement to take leave without pay while they are away from the school.
Please contact our Advisory and Support Centre if you require further advice.
Templates, resources, and references
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Links from us
Employment Relations Act 2000