法律英语词汇“trade dispute”的翻译、意思、用法、释义-法律词典

trade dispute
Any dispute between workers and their own employer relating to one or more of the following:

• terms and conditions of employment;

• the engagement or non-engagement, suspension, or dismissal of any employee;

• allocation of duties between employees;

• disciplinary matters;

• membership or nonmembership of a trade union;

• facilities for trade union officials;

• negotiating machinery and the recognition of trade unions’ negotiating rights on behalf of employees.

Under the Trade Union and Labour Relations (Consolidation) Act 1992, a person cannot be sued in tort for an act that is committed in contemplation or furtherance of a trade dispute on the grounds that it induces or threatens any breach or interference with the performance of a contract. Generally such immunity extends only to the acts of employees against their own employer (see picketing). Moreover, there is no immunity in respect of action taken to enforce a closed-shop agreement.

The 1992 Act gives similar immunity to trade unions for their acts committed in contemplation or furtherance of a trade dispute provided the act concerned is authorized by a majority vote in favour of the action in a secret ballot of the union’s members. A trade union member can obtain a court order preventing industrial action being taken if it has not been authorized by a ballot. When the immunity does not apply, a union is only liable in respect of action that has been authorized or endorsed by a responsible person (which includes the principal executive committee, general secretary, president, paid officials, or committees to whom they report). The same officials may repudiate such authorization or endorsement provided they act promptly and notify the person giving the authorization or endorsement in writing and without delay.

When a trade union’s immunity does not apply and it is ordered to pay damages, the amount awarded may not exceed statutory specified limits. Payment of damages awarded against a trade union or employers’ association may not be enforced against certain protected property, including its political and pension funds and the personal assets of its trustees, members, or paid officials, as distinct from assets they hold for the union’s or association’s purposes.