Unprotected industrial action must have two elements, these being:
- the action must be industrial action, and
- the industrial action is not protected.
Industrial action does not include action by an employee if:
- the action was based on a reasonable concern of the employee about an imminent risk to his or her health or safety, and
- the employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.