Industrial action may take the form of a partial work ban which is defined as industrial action that is not:
- a failure or refusal by an employee to attend for work
- a failure or refusal by an employee who attends for work to perform any work at all, or
- an overtime ban.
A partial work ban is industrial action that falls short of a total stoppage of work.
For instance, a work ban that is limited to a refusal by teachers to mark homework could be considered a partial work ban.
Payments for partial work bans
The prohibition of payment to an employee in s.470 does not apply to partial work bans that are protected industrial action, other than for overtime bans.
In the case of a partial work ban employers have discretion, subject to the notice requirements, to either:
- accept the partial performance of work and pay an employee in full, or
- make a reduced payment to an employee based on the partial performance of work by the employee, or
- refuse to accept the performance of any work by an employee, until the employee is prepared to perform all of his or her normal work, and not pay the employee during the period of the industrial action.