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88: Suspension of non-striking employees where work not available during strike
or “An employer can pause work for employees who aren't striking if there's no work for them because of a strike.”

You could also call this:

“This law tells employers they must explain which rule they're using when they tell a worker to stay home during a strike.”

If your boss suspends you during a strike, they must tell you which part of the law they’re using to do it. They have to say if they’re using section 87 or section 88 of the Employment Relations Act. They need to let you know this at the same time they suspend you. This helps you understand why you’re being suspended and what rules your boss is following.

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Next up: 90: Strikes in essential services

or “Workers in important jobs need to follow special rules before they can stop working to protest.”

Part 8 Strikes and lockouts
Suspension of employees during strikes

89Basis of suspension

  1. Where an employer suspends an employee under section 87 or section 88, the employer must indicate to the employee, at the time of the employee's suspension, the section under which the suspension is being effected.

Compare
  • 1991 No 22 s 67