Employment Relations Act 2000

Strikes and lockouts - Lawfulness of strikes and lockouts

85: Effect of lawful strike or lockout

You could also call this:

"What happens if you're in a lawful strike or lockout at work and someone tries to take you to court"

If you take part in a lawful strike or lockout, you cannot be taken to court for certain things. You cannot be sued for something you did during the strike or lockout that would normally be considered wrong. You also cannot be stopped from taking part in the strike or lockout by a court order. Additionally, you cannot be taken to court for breaking your employment agreement, or for penalty under the Employment Relations Act, or for not following a compliance order.

If someone says you took part in a strike or lockout that is allowed under section 86, you have to prove that you were allowed to take part in it because of section 84. This means you have to show that your actions were lawful.

You are protected from certain court actions if you are taking part in a lawful strike or lockout, and you have to prove that your strike or lockout is lawful if someone questions it in court, by referencing section 84 and section 86 and other relevant sections like section 99 and section 100.

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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.


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84: Lawful strikes and lockouts on grounds of safety or health, or

"When work is not safe, employees can strike and employers can lock out staff for health reasons."


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86: Unlawful strikes or lockouts, or

"When strikes or lockouts are against the law"

Part 8Strikes 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)