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Employment Relations Act 2000

Strikes and lockouts

80: Object of this Part

You could also call this:

“This part explains when workers can stop work and when bosses can stop workers from working, and how to give notice about these actions.”

This part of the law is about strikes and lockouts. It explains what the law aims to do in these situations.

The law recognises that unions and employers must deal with each other in good faith. However, it also allows for some strikes and lockouts to be lawful. This part of the law defines which strikes and lockouts are lawful and which are not.

The law also sets out rules about giving notice before any strike or lockout happens. This means that people need to tell others before they start a strike or lockout.

If a strike or lockout might happen in an essential service, like hospitals or fire stations, the law wants to give a chance for people to solve the problem through mediation. Mediation is when someone helps the two sides talk to each other and try to find a solution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59964.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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81: Meaning of strike, or

“This explains what workers do when they stop working or slow down because they're unhappy with their job.”

Part 8 Strikes and lockouts

80Object of this Part

  1. The object of this Part is—

  2. to recognise that the requirement that a union and an employer must deal with each other in good faith does not preclude certain strikes and lockouts being lawful (as defined in this Part); and
    1. to define lawful and unlawful strikes and lockouts; and
      1. to provide notice requirements for all strikes and lockouts; and
          1. to ensure that where a strike or lockout is threatened in an essential service, there is an opportunity for a mediated solution to the problem.

            Notes
            • Section 80(ba): inserted, on , by section 53 of the Employment Relations Amendment Act 2014 (2014 No 61).
            • Section 80(bb): repealed, on , by section 27 of the Employment Relations Amendment Act 2018 (2018 No 53).