Section 82: Acute national crisis
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
82. Acute national crisis
(1) Where the duration of a strike or lock-out which is not unlawful is
such that an industry or a service is likely to be seriously affected, or
employment is threatened, or where the Prime Minister is of opinion that the
continuance of the strike or lock-out may result in a real danger to life, health
or personal safety of the whole or part of the population, the Prime Minister
may—
(a) apply to the Tribunal for an order for the establishment of a minimum service unless it is provided for under section 81; or
(b) apply to the Supreme Court for an order prohibiting the continuation of the strike or lock-out.
(2) Where the Prime Minister makes an application under subsection (1) (a), the Tribunal shall, within 48 hours, make an order on the number
and occupations and departments necessary for the maintenance of the minimum service and the order shall be complied with forthwith.
(3) Where the Supreme Court makes an order under subsection (1) (b), it
shall refer the parties to the labour dispute giving rise to the strike or lockout to the Tribunal for arbitration.
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Employment Relations Act
(4) Where a labour dispute is referred to the Tribunal under subsection (3), the Tribunal shall hear the case de die in diem and make an award
within 30 days of the referral.
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Questions this section answers
- Can the Prime Minister ask the Supreme Court to stop a strike that threatens public safety?