Judgment 616
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The stoppages were declared by the [Union], which called on the staff not to work: there was a strike in the technical meaning of the term. Even on the unproven assumption that the administration were not altogether opposed to the protest and indeed incited it, the nature of what happened would still be the same in law. A lockout presupposes a direct instruction or some other form of action by the competent authority to stop the staff from being at work".
Keywords:
condition; lockout; right to strike; strike;
Consideration 3
Extract:
"Any concerted work stoppage amounts to a strike. Labour law does acknowledge other forms of collective stoppage, brought about by the employer. In a dispute with staff the employer may, for example, close down the workplace in a lockout or declare compulsory unemployment for a short while to get through a spell of financial stringency. But such tactics are unknown in international organisations."
Keywords:
lockout; organisation; right to strike; strike;
