02/09/2026
What is an Unfair Labour Practice?
An unfair labour practice occurs when an employer engages in conduct, or fails to act, in a manner that violates employees’ rights protected under the Labour Act, particularly the rights set out in Part II.
Types of Unfair Labour Practices by Employers
Under Section 8 of the Labour Act, an employer may commit an unfair labour practice where they:
1. Obstruct Employees’ Rights — s.8(a)
Prevent, hinder or obstruct employees from exercising their lawful workplace rights.
Example: Preventing employees from joining a trade union or forming a workers committee✅
2. Violate Statutory Employee Rights —s.8(b)
Contravene any provision of Part II of the Labour Act or section 18 relating to employment codes.
Example: Failing to comply with legally protected employment rights✅
3. Refuse to Bargain in Good Faith —s.8(c)
Refuse to negotiate honestly and fairly with a recognised trade union or workers committee.
4. Fail to Co-operate with an Employment Council — s.8(d)
Fail to co-operate with an employment council in matters concerning employees’ interests.
Example: Refusing to participate in required negotiations or meetings✅
5. Disregard Agreements or Lawful Decisions — s.8(e)
Fail to comply with or implement:
🔴A collective bargaining agreement;
🔴A decision of an employment council;
🔴A lawful ruling under Part XII; or
🔴Any other lawful directive or determination binding upon the employer.
Example: Refusing to implement an agreed salary increase contained in a binding collective bargaining agreement✅
6. Undermine a Recognised Trade Union — s.8(f)
Attempt to bypass or undermine a recognised trade union by negotiating with another union in circumstances prohibited by law.
7. Demand Sexual Favours — s.8(g)
Request or demand sexual favours from an employee or prospective employee in exchange for:
🔴Employment;
🔴Promotion;
🔴Improved remuneration or working conditions;
🔴Transfer;
🔴Training; or
🔴Any other employment-related benefit.
Example: A manager demanding a sexual favour in exchange for offering employment or a promotion✅
Know Your Rights✅
Section 8 seeks to protect employees from unlawful and unfair conduct in the workplace. Employers are required to respect employees’ rights, including their rights to representation, equality, dignity and fair treatment.
Fairness in the workplace is not optional it is the law✅