Employment Relations Act 2000

Strikes and lockouts - Suspension of employees during strikes

87: Suspension of striking employees

You could also call this:

"What happens if your boss stops you from working while you're on strike"

If you are on strike, your employer can suspend you from work. This means you will not be able to work until the strike is over, unless your employer decides to end the suspension sooner. Your employer's decision to suspend you does not mean the strike is over, and you are still part of the strike.

When you are suspended, you will not get paid for the time you are not working. However, when you go back to work, the time you were suspended will not affect your rights and benefits that depend on how long you have been working for your employer. This means your service will still be treated as continuous, even though you were suspended for a period of time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59980.


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86B: Notice of lockout, or

"An employer must tell workers and the government before stopping them from working"


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88: Suspension of non-striking employees where work not available during strike, or

"What happens if you can't work because of a strike, but you're not on strike yourself?"

Part 8Strikes and lockouts
Suspension of employees during strikes

87Suspension of striking employees

  1. Where there is a strike, the employer may suspend the employment of an employee who is a party to the strike.

  2. Unless sooner revoked by the employer, a suspension under subsection (1) continues until the strike is ended.

  3. The suspension under this section of all or any of the employees who are on strike does not end the strike and those employees do not, by reason only of their suspension under subsection (1), cease to be parties to the strike.

  4. An employee who is suspended under subsection (1) is not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the suspension.

  5. On the resumption of the employee's employment, the employee's service must be treated as continuous, despite the period of suspension, for the purpose of rights and benefits that are conditional on continuous service.

Compare
  • 1991 No 22 s 65