On 17 April 2024, the UK Supreme Court declared Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) incompatible with Article 11 of the European Convention on Human Rights.
The Court has identified a critical gap in the protection offered under TULRCA, particularly relating to detriments workers face when engaging in lawful industrial actions.
While the law remains unchanged immediately, this decision prompts potential legislative reform.
On 13 July 2023, the High Court ruled that the Conduct of Employment Agencies and Employment Businesses Regulations 2022, which removed the ban to hire agency workers while workers were on strike , are unlawful.
The ruling will enter into force as from 10 August 2023.
On 9 September 2021, the Labour Appeal Court of South Africa, Johannesburg, rules over fairness of dismissal of employees embarking on an unprotected strike.
The decision is based on the serious and dangerous circumstances of the strike.
The Court of Appeal reformed the decision of the Labour Court (Lagrange J) delivered on 17 September 2019, which had found the dismissal of the respondent employees to be substantively unfair and ordered their reinstatement.
Instead, the sanction of dismissal, according to the Court of Appeal, was fair, given the circumstances of the case and considering their decision to embark on an unprotected strike action at a critical business period and their persistent refusal, without bona fide reason provided, to comply with the ultimatum.
In the case ‘Norwegian Confederation of Trade Unions (LO) and Norwegian Transport Workers’ Union (NTF) v. Norway - 45487/17’ (Judgment 10.6.2021 [Section V]), the European Court of Human Rights determined that Norway did not violate article 11 of the European Convention of Human Rights on freedom of assembly and association.
The Helsinki Labour Court settled the case between a company and the union in the electricity sector, for violation of the collective agreement in force and the duty of peace.