During a period of dispute action, when may a worker be detained on the ground that this Act has been broken, and when does that restriction not apply?
General information · Not legal advice
Material to check
In practice material of this kind, we read the papers showing the person's status as a worker, any notice or record fixing the period when the dispute action was under way, and the paper stating the ground of the detention.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at face value: during a period of dispute action, a worker shall not be detained on the ground that this Act has been broken, so the restriction bars the detention itself rather than only its length.
Another reading stresses the limits the wording carries: the exception for a person caught in the act removes the protection altogether, and the words 'this Act' confine the restriction to breaches of the Trade Union and Labour Relations Adjustment Act, leaving detention under other statutes untouched, while the provision does not itself define worker or the period of dispute action.
Your judgment
If the detention paper cites a violation of this Act, how could the file show whether the person was caught in the act at the time?
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 exception or the grounds it covers, or if a court decision explains what makes a period one of dispute action or who counts as a worker.