88Suspension of non-striking employees where work not available during strike

1. Where there is a strike, and as a result of the strike an employer is unable to provide for a non-striking employee work that is normally performed by that employee, the employer may suspend the employee's employment until the strike is ended.

2. A non-striking employee who is suspended under subsection (1) is not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the suspension.

3. On the resumption of the employee's employment, that employee's service must be treated as continuous, despite the period of suspension, for the purpose of rights and benefits that are conditional on continuous service.

4. Where a non-striking employee or group of non-striking employees is suspended under subsection (1), that employee or group of employees may—

5. challenge the suspension by applying for the grant of a compliance order under section 137; and
6. seek other remedies under this Act in respect of the suspension, including (without limitation) arrears of wages.

7. In this section, non-striking employee means an employee who is in the employer's employment and who is not on strike.