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Old 27-07-2010, 14:44   #115
punky
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Re: British Airways cabin crew vote for Christmas strike

Quote:
Originally Posted by Damien View Post
If I understand correctly you are only prevented from firing someone due to strike action if your singling them out. It's ok to fire the entire lot? So why can't they do that and employ staff from other airlines who will presumably be quick to train, security cleared, and jump at the chance to move to the highest paying employer?

It's not as if this industrial action will end any time soon maybe it's time to bite the unpleasant bullet.
As I understand it you can only fire people for striking if the strike was not legal in the first place. This makes sense as in any circumstances if you are supposed to be working and don't you'll face the sack.

I don't know all the laws but for a strike to be legal then certain things must happen. Intention to strike has to be given in advance. Members must be balloted, etc. Once a strike is organised legally, then you can't be fired.

If however you decide to strike without doing all that (i.e. if you decide to do it spontaneously - called a wildcat strike) then some/all can be fired.

however if you do fire some and not others you can be sure lawyers would be eyeing up some discrimination lawsuits regardless who you fire.
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