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Industrial Court warns that picketing should be a weapon of last resort for trade union

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In this case the Claimant was a member of the National Union of Transport Equipment and Allied Industries Workers. He was dismissed from service when he participated in a picket organised by the Union worksite committee protesting the Company's unilateral withdrawal of recognition of medical certificates issued by Government clinics/hospitals. The Claimant was dismissed because he refused to do overtime work as he was involved in the picket.

The Industrial Court held that the picket was unlawful as the Union did not exhaust the Grievance Procedure available under the Collective Agreement before resorting to picketing. The Court also held that being a Union member did not give the Claimant immunity for not complying with the directive of the Company. As an employee, he owed a duty of fidelity to his employer. At common law, the employee is to obey all lawful and reasonable orders given by his employer.

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