Illegal Strike Case Analysis

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Case Analysis
A strike is legal and protected by the National Labor Relations Act (NLRA). Illegal strike is a strike that called in violation of law. An illegal strike ignores cooling off period restrictions or an absolute statutory ban. There are some illegal strike which are intermittent strikes, work to rule, violence and mass picketing, in facility or “sit down” strikes. These strikes are lost the protection of the NLRA. When a trade union is unable to negotiate a collective agreement, the employees choose to strike an employer. A strike includes a cessation of work, a refusal to work, or a refusal to continue to work by employees for the purpose of compelling their employer to agree to terms and conditions of employment. On 4 and 5 April 1955, Haliza was strike which the reasons are unhappy that the respondent had dismissed Encik Zaharuddin an assistant manager in the Personnel Department of the respondent …show more content…

Based on the Labour Law, although employees are not working and are not entitled to pay wages, they are still considered employees and cannot be terminated simply because of being on strike. Employees who strike to protect an unfair labor practice cannot be fired or permanently replaced. When the strike is over, these employees must be reinstated to their jobs.
In Malaysia, the law is very clear in acknowledging the right of an employer to dismiss an employee for being absent from work without just cause and excuse. Absenteeism is a commonly vocabulary faced by almost all employers. Continued absenteeism can be damaging to an organization, it not only impacts on production levels, also impacts on other staff. Employers have an obligation to all their employees to manage the workplace in a fair and reasonable manner. Besides that, habitual absenteeism defined as unauthorized absence from work on a certain number of days per month over a 6 month period. Therefore, initially warnings would be given, but if continued absence, the employee may

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