L-R: Nitin Sagar (Registrar), Archana Chand, Neelam Nitika Singh and Ropate Veremalua

MINISTRY OF LABOUR,

Insert: Merekeleni Coalala & Farisha Khan (Western Division Administrative Assistants)
INDUSTRIAL RELATIONS
& EMPLOYMENT

MEDIATION

Mediation Unit - Support Staff

WHO DECLARES A STRIKE/LOCKOUT UNLAWFUL

(Administrative Assistants).
It is the Minister for Labour who declares a strike or lockout
unlawful SERVICE
WHO ORDERS DISCONTINUANCE OF STRIKE OR
LOCKOUT

The Employment Court may order discontinuance of strike or

Frequently Asked
lockout upon application by either party or the Minister for La-
bour in the public interest.
Questions
HOW ARE THE PARTIES ASSISTED TO AVOID
STRIKES OR LOCKOUTS
STRIKES &
LOCKOUTS
Where a notice of intention for a strike or lockout is given, the
Permanent Secretary for Labour shall, at the earliest direct the
Mediation Services for informal mediation to be provided to the
parties for the purpose of assisting them to resolve their differ- FURTHER INFORMATION &
ences and to try and avoid the strike or lockout GUIDANCE
We welcome the opportunity to help
you further. If you can’t find an answer
to your question, or you want further
clarification, more detailed infromation
or guidance on any matter covered in
this topic, you may ask us a question
through 3314 878 during normal work-
ing hours or visit our website:
www.labour.gov.fj
WHO NEEDS THIS INFORMATION?
Any worker who has a paid job and is a member of the Union or
any employer who employs people in paid works whose work-
ers are members of a registered trade union. Employers who
want to know what they have to do when they want to lockout
the workers. Unions who want to know what they have to do
when they want to take strike action against employers.
WHAT IS A LOCKOUT
Lockout is an act of the employer in closing, suspending or
discontinuing its business, to temporarily cease the employ-
ment of its workers as a result of a dispute to try and compel
the workers to accept its demand on the terms and conditions
affecting their employment.
WHAT IS A STRIKE
Strike means the combined efforts of a number of workers who
are members of the same union in the withdrawal of their la-
bour either wholly or partially, which may result in the reduction
or closure of the employer’s business as a consequence of a
dispute to try and compel the employer to accept their demand
on the terms and conditions affecting their employment.
WHO HAS THE RIGHT TO TAKE STRIKE ACTION OR
LOCKOUT
In furtherance of an employment dispute, the workers who are
members of the Union has the right to take strike action and the
employer has the right to lockout its workers, however there are
strict procedures to be followed before a contemplated strike or
lockout is taken.
WHAT ARE THE STEPS TO BE FOLLOWED BY A UN-
ION BEFORE A STRIKE IS TAKEN
• The Union must first provide 21 days written notice to the
Registrar of Trade Unions, of the date, time and place it
wants to hold a strike ballot.
• With the written notice, it must enclose a sample of the bal-
lot paper which must state all the issues on which a strike
mandate is sought.
• During the ballot which is supervised by an official from the
Registrar of Trade Union’s office, each issue must be sup-
ported by more than 50% of all the union members entitled
to vote for a mandate to be carried.
• The Union must at the earliest, notify the Registrar of
Trade Unions of the result of the ballot and the Registrar of
Trade Union will provide a declaration of the ballot results
• Once the declaration is given by the Registrar of Trade
Unions, then the Union can proceed on strike.
HOW LONG IS A STRIKE MANDATE VALID FOR?
A strike mandate is valid only for 6 months from the date it is
declared by the Registrar of Trade Unions.
DOES THE SAME MANDATE APPLIES TO ESSEN-
TIAL SERVICES
In the case of an essential service, after the declaration of the
ballot results by the Registrar of Trade Unions, the Union must
give a further 28 days notice of its intention to take strike ac-
tion to the employer and copied to the Permanent Secretary
for Labour.
That notice must state the date and time of the contemplated
strike, the category of workers who will be involved and where
it will occur.
WHAT ARE THE STEPS TO BE TAKEN BY AN EM-
PLOYER BEFORE A LOCKOUT IS TAKEN
If an employer intends to lock its workers out, then it must give
a 28 days written notice to the Permanent Secretary for Labour
and a copy to the respective trade union.
HOW LONG IS THAT NOTICE VALID FOR?
That notice is valid for 6 months from the date of the notice.
DOES THE SAME NOTICE APPLY TO EMPLOYERS
IN THE ESSENTIAL SERVICE
• In the case of essential service, the employer must give a
further 28 days notice to the Registrar of Trade Unions and
copied to the respective Union.
• A copy of the lockout notice must be posted in all prem-
ises used for the purposes of that service where it could be
read by persons employed in that essential service.
• The notice must specify the nature of the proposed lock-
out, where it will occur, the date and time on which the
lockout will begin and the name of the workers who will be
locked out.
WHEN WILL A STRIKE OR LOCKOUT BE DECLARED
UNLAWFUL
Participation in a strike or lockout will be declared unlawful on
the following grounds:-
• If the issues raised in the strike or lockout notice is still in
force under the Collective Agreement.
• If it occurs within the 21 days since the bargaining for a
collective agreement started.
• If it occurs while the other party had already reported a dis-
pute to the Permanent Secretary for Labour on the same
issues raised in the strike or lockout notice.
• If it occurs whilst the Union had not provided 21 days
notice of when it wants to hold strike ballot; or no strike
ballot had been conducted; or the mandate had not been
obtained from more than 50% of the members entitled to
vote; or the Registrar of Trade Unions had not declared the
results of the ballot
• If it occurs whilst the Employer had not provided 28 days
notice of the contemplated lockout.
• If in the case of an essential service, the employer or the
union had not provided a further 28 days notice of the con-
templated lockout or strike.