Under what condition is an employer barred from claiming damages from a union or workers for loss arising from collective bargaining or strike action under this Act, or other union activity?
General information · Not legal advice
Material to check
In the practice file we read the employer's claim for damages to see who is named as defendant and what loss is asserted, and the papers recording what the workers were doing, such as minutes of collective bargaining under the Labour Relations Adjustment Act or records of the strike activity, so that conduct can be matched to the provision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the bar as complete wherever an employer has suffered loss arising from collective bargaining or strike action under this Act, or from other union activity, and names no exception: the employer may not claim compensation from the union or from workers, whatever the nature of the loss.
Another reading confines the bar to loss the file can tie to that activity as its cause, since the paragraph is written for loss 'arising from' the named activity, and qualifies collective bargaining and strike action as taken 'under this Act', so loss with some other cause, or bargaining outside what this Act covers, remains outside what this paragraph reaches.
Your judgment
What in the record would show that the loss the employer asserts was caused by the activity this provision names rather than by something else?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the kinds of activity the bar covers or its causal condition, or if a court decision decides whether particular conduct counts as other union activity under this Act.