The paper "Why Organizations and Jurisdictions Outlaw Strikes " is a good example of management coursework. Managing industrial conflict is an intricate undertaking which forces managers to adopt stringent measures such as outlawing strikes in order to combat the unrest. In most cases, conflict arises from employee dissatisfaction with their management on matters such as pay, unionization, layoffs and work conditions. The discontent influences the personnel to adopt behaviors that include absenteeism, turnover, and strikes. Although industrial action is a common occurrence, controversy exists on how best the organization can deal with the issue.
In some circumstances, managers may adopt strategies such as outlawing strikes in order to reduce the conflict. The big question that arises is whether the move to outlaw the strikes is workable or it may result in undercover effects such as absenteeism, and turnover. This paper seeks to examine the move to outlaw strikes during the industrial conflict. The paper takes the stance that outlawing strikes cannot reduce conflicts in industrial relations, but it would just be a shift to more covert forms of conflict, such as absenteeism and turnover. Why Organizations and jurisdictions Outlaw Strikes Conflict can be defined as an interpersonal process that affects relationships (Bomers and Peterson, 2013).
As noted earlier, employees use approaches such as turnover, absenteeism and strikes to indicate the existence of a conflict. In order to deal with conflict, the management can adopt measures such as imposing a strike ban. It is essential to note that the move to outlaw strikes has been used by the management and governments due to a variety of reasons. A study conducted by Hebdon and Stern (2003), examined whether public strike-buns really prevent conflicts.
The study disclosed that in jurisdictions that had no laws to prohibit strikes, industrial actions were higher. However, regions that imposed a burn on strikes experienced fewer go-slows. It is based on this fact that organizations tend to use the approach in order to resolve conflicts. Also, managers tend to believe that outlawing the strikes is bound to reduce the level of conflict. According to Torenvlied and Akkerman (nd), some managers use the assumption that the infiltration of go-slow activities in the organization can result in a sudden increase in industrial conflict.
The best approach to minimize the implications is to outlaw such activities. On the other hand, despite such views, this paper asserts that outlawing strikes cannot reduce conflicts in industrial relations, but it would just be a shift to more covert forms of conflict, such as absenteeism and turnover. Outlawing strikes cannot reduce conflicts in industrial relations Although managers and governments may use the assumption that outlawing strikes reduces the level of conflict, it can be argued that such a move can instigate more underground forms of conflict.
Despite outlawing strikes, employees can decide to engage in other forms of industrial actions to the detrimental effect on the organisation and management. For instance, absenteeism occurs when a good percentage of employees on an average workday, stay away from work without leave or on apply for sick leave. When a majority of employees resort to getting sick leave, without advance approval, it demonstrates their desire to manifest an industrial conflict (Forsyth 2012). Secondly, employees can resign as an indication of their overt way of industrial conflict since they may not be satisfied with their wages and benefits, and working conditions among other issues.
Further, some may resort to methods like work-to-rule such that they strictly follow the terms of their employment contract. If a task is not specified in their contract, employees cannot perform it during such times (Fair Work Commission 2017). Conclusively, strike bans are counterproductive in managing industrial conflicts. Employees will always seek for more covert ways to manifest their industrial relations conflict with the management. Again, the International Labour Organisation and a host of legal jurisdictions recognize the need for workers to engage in industrial action (Ewing and Hendy, 2010).
Therefore, placing bans on strikes is a violation of these noble intentions, and in the absence of such frameworks, workers may resort to more disruptive and costly alternatives like turnovers, and absenteeism among others.
Adonis, J, (2012). Sick and tired of absenteeism. The Sydney Morning Herald.
Barry, M, (2016). Employer and employer association matters in Australia in 2015. Journal of
Industrial Relations, p.0022185616634092.
Bomers, G and Peterson, R, (2013). Conflict Management and Industrial Relations. Springer Science & Business Media, 2013.
Cameron, B.A, (2015). The impact of industrial relations law reforms in Australia since 1996
on the Union Movement (Doctoral dissertation, University of Glasgow).
Human Resource Management, vol.23, no.3 (2012).
Donovan, S,( 2012). “Nurses to ignore Fair Work strike ban.” Accessed on April 11, 2017,
Ewing, K and Hendy, J, (2010). Collective bargaining; Freedom of assembly and association; Freedom of establishment; Industrial action; Liabilities; Trade unions. Industrial Law Journal, 39(1), 2-51.
Fair Work Commission,( 2017). February. “Industrial Action.” Accessed on April 11, 2017,
Forsyth, A, (2012). “Workplace conflict resolution in Australia: the dominance of the public
dispute resolution framework and the limited role of ADR.” International Journal of
Grenfell, O, (2016). December. “Australia: State Labor government moves to ban Esso strike.”
Accessed on April 11, 2017, from https://www.wsws.org/en/articles/2016/12/05/esso-d05.html
Hebdon, R and Stern, R, (2003) .Do Public-Sector Strike Bans Really Prevent Conflict? 6(2013). Industrial Relations, A journal of Economy and Society. p 493–512.
Industrial action.” Parliament of Australia. Accessed on April 11, 2017, from
Long, S, (2017). March 20. “Have Australia’s right to strike laws gone too far?” Accessed on
April 11, 2017, from
Munro, P, (2013). Absenteeism — the latest Australian trends. Workplace info.
Romeyn, J, (2008). “Striking a balance: the need for further reform of the law relating to
Torenvlied, R and Akkerman, A.(nd). Effects of industrial conflict between and within organizations: Contagion in collective bargaining and the deterioration of work relations. Utrecht University.
Walsh, P, (2013). August. “Australia: Industrial Action in Australia: Best Practice Guide.”
Accessed on April 11, 2017, from