Section 78 of The Labour Relations Act 2007: Prohibited strikes or lock-outs

(1) No person shall take part in a strike or lock-out or in any conduct in contemplation of a strike or lock-out if―
(a) any law, court award or a collective agreement or recognition agreement binding on that person prohibits a strike or lock-out in respect of the issue in dispute;
(b) the subject matter of the strike or lock-out is regulated by a collective agreement or recognition agreement binding on the parties to the dispute;
(c) the parties have agreed to refer the trade dispute to the Industrial Court or to arbitration;
(d) in the case of a dispute concerning the recognition of a trade union, the trade union has referred the matter to the Industrial Court;
(e) the trade dispute was not referred for conciliation in terms of -
(i) this Act; or
(ii) a collective agreement providing for conciliation;
(f) the employer and employees are engaged in an essential service;
(g) the strike or lock-out is not in furtherance of a trade dispute; or
(h) the strike or lock-out constitutes a sympathetic strike or lock-out.

(2) For the purposes of this section –
(a) an employee engages in a sympathetic strike if the employee participates in a strike in support of a trade dispute in respect of which the
employee’s employer –
(i) is not a party to the dispute; or
(ii) is not represented by an employer’s organisation that is a party to that dispute; or
(b) an employer engages in a sympathetic lock-out if the employer locks-out an employee in support of a trade dispute –
(i) to which the employer is not a party; or
(ii) in respect of which the employer is not represented by an employer’s organisation that is a party to dispute.