Torts Liability for Strike Action and Third Party Rights

Abstract

In this article we propose to study the nature of the torts liability which may be incurred in the strike context, the extent of existing immunities bestowed upon strikers and their organisers, and finally to explore, in the framework of the liberty to strike and developing concepts of legitimate and illegitimate strike action, the principles which should govern liability and immunity in torts. Central to our thesis will be the conviction that, contrary to the trend of the existing positive law provisions, exposure of an illegitimate strike to legal action by the employer should in principle entail its exposure to legal action by third parties whose legal rights have been infringed by the strike.

Keywords: torts, immunities, strikers, liberty to strike, strike, employer