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Employment Relations Act 2000

Strikes and lockouts - Interpretation

81: Meaning of strike

You could also call this:

"What a strike means: when a group of employees stop or reduce work together"

When you hear the word strike, it means an action taken by a group of employees who work for the same employer or different employers. This action can be stopping work, reducing the amount of work they do, or breaking their employment agreements. It is usually a collective decision made by the employees.

You might wonder what kinds of actions are considered a strike. It can be when employees stop working, refuse to go back to work, or reduce their output. It can also be when they refuse to accept work they normally do or break their employment agreements.

However, not all employee meetings are considered a strike. If an employer, an employment agreement, or this Act allows a meeting, it is not a strike. To strike means to join in on a strike action with other employees.

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Topics:
Work and jobs > Worker rights
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80: Object of this Part, or

"What's allowed in strikes and lockouts, and how to resolve disputes fairly"

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82: Meaning of lockout, or

"What a lockout is: when an employer stops work or employing people to get what they want from employees."

Part 8Strikes and lockouts
Interpretation

81Meaning of strike

  1. In this Act, strike means an act that—

  2. is the act of a number of employees who are or have been in the employment of the same employer or of different employers—
    1. in discontinuing that employment, whether wholly or partially, or in reducing the normal performance of it; or
      1. in refusing or failing after any such discontinuance to resume or return to their employment; or
        1. in breaking their employment agreements; or
          1. in refusing or failing to accept engagement for work in which they are usually employed; or
            1. in reducing their normal output or their normal rate of work; and
            2. is due to a combination, agreement, common understanding, or concerted action, whether express or, as the case requires, implied, made or entered into by the employees.

              1. In this Act, strike does not include an employees' meeting authorised—

              2. by an employer; or
                1. by an employment agreement; or
                  1. by this Act.

                    1. In this Act, to strike means to become a party to a strike.

                    Compare
                    • 1991 No 22 s 61
                    Notes
                    • Section 81(1)(b): amended, on , by section 6 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).