The first day of May is probably a good time to consider employment action and strikes in particular. For contract drafters the concept of a “strike” can also be important. Because we often want to exclude liability for delays or default caused by strikes (and other forms of actions such as go-slows, work-to-rules, unofficial strikes, demarcation disputes or lock-outs), there matters should be considered in the preparation of commercial common law contract documents. This often means inclusion in a force major clause.

Moreover, because “acts of God” are usually construed by the courts these days as not relating to human events, in common law contracts it is critical to refer to a broad umbrella concept of force majeure and to mention the different types of employment disputes expressly. At the same time, even force majeure events will not cover circumstances and events within the reasonable control of a party (unless the parties to a contract agree otherwise). So you may want the definition to be extended:

“Event of Force Majeure shall include, but is not limited to … any employment disputes of any kind whatsoever such as, without limitation, go-slows, work-to-rules, unofficial strikes, demarcation disputes, strikes, even in cases where such disputes or actions are of a local nature or affect only the Supplier or  take place only at the premises, property or affect only employees of the Supplier.”