Section 10
of Industrial Relations Act 1967
Section 10
No workman shall go on strike or do anything which is rendered lawful by virtue of the proviso to subsection 40(1) for whatever reason during the pendency of proceedings under section 9, or after the decision of the Director General thereunder by reason of any dissatisfaction with such decision.
(2)
No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs, a claim for recognition under subsection 9(2) in respect of workmen or a class of workmen:
Provided that this restriction shall not apply—
(a)
where a dismissal is effected on disciplinary grounds;
(b)
where the claim for recognition is deemed to have been withdrawn under subsection 9(4) or has been decided by the
Director General under subsection 9(5); or
(c)
where a termination is due to retirement, expiry of a fixed term contract, non-confirmation of a probationer or being medically boarded out.
(3)
For the purpose of subsection (2) “lock-out” includes—
(a)
the closing of a place of employment;
(b)
the suspension of work; or
(c)
the refusal by an employer to continue to employ any number of workmen employed by him, effected during the pendency of proceedings under section 9.
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