(b) persuading an individual not to work. ", Just another Wiki Encyclopedia of Law Project (BETA) Sites site, Definition of Lockout A notion of Lockout is available: A suspension of work initiated by the employer as the result of a [...]. Specific facts can and often do drastically change legal results. (a) section 74 has not been complied with; (b) the dispute is one that a party has the right to refer to arbitration or to adjudication in terms of this Act; (c) the parties to the dispute have agreed to refer the dispute to arbitration; (d) the issue in dispute is governed by an arbitration award or a court order; or. Unlike the current regime where further determination of labour suits from quasi-judicial bodies goes to the High court (Labour Division) deals with labour matters. (12) If any party to a dispute of interest asserts that the dispute pertains to a service that should be designed as an essential service, that party must refer the matter to the Essential Service Committee for urgent consideration no later than the date on which the dispute is referred to the Labour Commissioner in accordance with section 82. In most jurisdictions, it is illegal, but it is occasionally reported, especially in some developing countries. Notice of intention to resort to strike or lockout 160. (e) the dispute is between parties engaged in an essential service designated in terms of section 77. (2) If a dispute referred in terms of subsection (1) cannot be resolved, a conciliator referred to in section82(9)(a) to conciliate the dispute must -, (a) attempt to reach agreement on rules to regulate the conduct of the strike or lockout, and.  After 24 days of being locked out, the teachers lost the labour dispute on 25 April 2013, with a government intervention to end the lockout. 3) Definition of Lockout A lockout is a work stoppage or denial of employment initiated by the management of a company during a labour dispute. 03, 2017. Also, in many US states, employees who are locked out are eligible to receive unemployment benefits, but they are not eligible for such benefits during a strike. It consists of various rules and sources, kept together by the aim of protecting at different levels the weakest part of the employment relationship (i.e. The dispute lasted from 26 August 1913 to 18 January 1914, and is often viewed as the most severe and significant industrial dispute in the history of Ireland. (10) The party who refers a dispute to the Essential Services Committee must satisfy the Committee that a copy of the referral has been served on all the parties to the dispute. Davies P and Freedland M (eds) Khan Freud's Labour and the Law 3 rd ed (Stevens London 1983) Davis and Le Roux 2012 Acta Juridica. Accesed 10 2020. https://labor.lawi.us/lockout/, Aigi Resetnikova, 'Lockout' (labor.lawi.us 2017) accesed 2020 October 24. This is an advance summary of a forthcoming entry in the Encyclopedia of Law. (3) If the Labour Commissioner refers a dispute for conciliation, and -, (a) the party who referred the dispute in terms of subsection (1)(a) fails to attend the first meeting, the period contemplated in subsection (1)(c)(i) in respect of the party is extended to the date that is 30 days thereafter, or. The term lock-in refers to the practice of physically preventing workers from leaving a workplace. You should contact a lawyer licensed in your jurisdiction for advice on specific legal problems. (1) Any party to a dispute of interest, who is prohibited in terms of section 75(e) from participating in a strike or a lockout because that party is engaged in an essential service designated in terms of section 77, may refer the dispute to the Labour Commissioner. A lockout is generally an attempt to enforce specific terms of employment upon a group of employees during a dispute. Far from all labour disputes involve lockouts (or strikes), but lockouts have been used on a large scale around the world during and after industrialization. Recent notable lockout incidents have been reported in professional sports, notably involving Major League Baseball in the 1990 offseason, the National Basketball Association in the 1995 offseason, the 1996 offseason, and the 1998–99 and 2011–12 seasons, the National Hockey League in the 1994–95, 2004–05 and 2012–13 seasons, and the National Football League in the 2011 offseason. (5) In making a decision in terms of subsection (4), the Minister is not bound by or obliged to follow the recommendation of the Labour Advisory Council. (1) That the Essential Services Committee must recommend to the Labour Advisory Council all or part of a service to be an essential service if, in the opinion of the Committee, the interruption of that service would endanger the life, personal safety or health of the whole or any part of the population of Namibia. "The views expressed in this entry are those of the author/s and do not necessarily reflect the views of the American Encyclopedia of Law. (i) indicate the service or part of a service that is to be the subject of the investigation; (ii) invite interested parties to make written submissions within a period stated in the notice; and. (4) An employee is entitled to resume employment within 3 days of the date -. Steve O'Neill, "Outline of the Waterfront Dispute", "Angry French workers turn to 'Bossnapping' to solve their problems", "BusinessWeek Europe - Sarkozy's "Bossnapping" Dilemma", "Locked out call-centre staff lock managers in", Account of the great farm lockout of 1872, https://en.wikipedia.org/w/index.php?title=Lockout_(industry)&oldid=983582436, Creative Commons Attribution-ShareAlike License, This page was last edited on 15 October 2020, at 01:58. Central to the dispute was the right to unionize. Lockout, the tactic of withholding employment, typically used by employers to hinder union organization or to gain leverage in labour disputes. (ii) any rules determined by the conciliator in terms of subsection (2). Section 2(1) of the Industrial Dispute Act,1947 defines Lockout - “Lock-out” means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. (6) In addition to publishing a notice in the Gazette as contemplated in subsection (2)(a) and subsection (4), the Essential Services Committee or the Minister, as the case maybe, must, through any other available means, publish the information contained in the notice, in order to ensure that the individuals whose interest are affected by the notice receive the information. (15) The Minister must decide whether or not to designate the whole op part of the service as an essential service and must communicate the decision to the parties within 14 days from the receipt of recommendations in terms of subsection (14). From the point of view of the public, ... abolish unfair labour practices prevalent in a particular area of industrial activity. The dispute was about whether teachers should have extra working time, as the Local Government Association (KL) wanted. Used primarily to pressure employees to accept the employer's terms in a new contract. Other implementations include a fine for showing up, or a simple refusal of clocking in on the time clock. The government chose to apply all of KL's main demands, and the teachers got a small wage increase as compensation.
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