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Employment Relations Act 2000

Strikes and lockouts - Lawfulness of strikes and lockouts

85: Effect of lawful strike or lockout

You could also call this:

“Lawful strikes or lockouts protect workers and employers from legal trouble”

If you take part in a strike or lockout that is allowed by law, you can’t be taken to court for certain things. You can’t be sued for damages, and no one can get an injunction to stop you. You also can’t be taken to court for breaking your work agreement, face penalties under this law, or have a compliance order made against you.

If someone says a strike or lockout wasn’t allowed by law, and it’s the kind mentioned in section 86, the person who says it was allowed needs to prove it. They need to show that section 84 made it okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59976.

Topics:
Work and jobs > Worker rights
Business > Fair trading
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84: Lawful strikes and lockouts on grounds of safety or health, or

“Workers can stop work, or bosses can stop workers from working, if they think it's not safe or healthy to work.”

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86: Unlawful strikes or lockouts, or

“When workers or bosses can't legally stop work or close workplaces”

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

85Effect of lawful strike or lockout

  1. Lawful participation in a strike or lockout does not give rise—

  2. to proceedings under section 99 that are founded on tort; or
    1. to proceedings under section 100 for the grant of an injunction; or
      1. to any action or proceedings—
        1. for a breach of an employment agreement; or
          1. for a penalty under this Act; or
            1. for the grant of a compliance order.

            2. Where it is proved in proceedings that participation in a strike or lockout of a kind described in section 86 has occurred, a party to those proceedings who alleges that participation in the strike or lockout was lawful by virtue of section 84 has the burden of proving that allegation.

            Compare
            • 1991 No 22 ss 64(2), 71(2)