trade union immunities

trade union immunities

legal protection from civil action for TRADE UNIONS taking lawful STRIKE action in furtherance of an INDUSTRIAL DISPUTE. Without these, employers could take legal action against unions every time they caused employees to breach their CONTRACT OF EMPLOYMENT in this way. The immunities in effect confer a negative right not to be sued for such action. For immunity to be held, it is essential that a strike be officially sanctioned by the union and that the union follows the procedures for taking strike action stipulated in recent labour laws. Immunity is restricted to trade disputes between employees and their employer concerning the terms and conditions of employment, allocation of work, discipline, union membership and facilities and INDUSTRIAL RELATIONS procedures. All forms of SECONDARY ACTION are now excluded from immunity.
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