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Employment Relations Act 2000

Strikes and lockouts - Procedure to provide public with notice before strike or lockout in certain passenger transport services

94: Procedure to provide public with notice before lockout in certain passenger transport services

You could also call this:

“ Rules for telling people about a lockout in bus and train services ”

If you run a passenger road or rail service, you can’t lock out your employees unless it’s allowed by section 83 or section 84. You also need to tell your employees’ unions in writing that you plan to do this.

When you give this notice, you need to include some important details. You must say how long the notice period is, which has to be at least 24 hours. You need to explain what kind of lockout it will be and if it will keep going without stopping. You should also say which specific passenger service will be affected.

Your notice needs to tell everyone when the lockout will start and when it will end. You can give a specific date and time for the end, or you can say what needs to happen for the lockout to finish. You also need to list the names of all the employees who will be locked out.

You or someone speaking for you needs to sign this notice.

If you’re planning to lock out your employees, you need to do your best to let the public know as soon as you can. This is because the lockout might affect people who use your passenger service.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59991.

Topics:
Work and jobs > Worker rights
Transport and travel > Public transport
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93: Procedure to provide public with notice before strike in certain passenger transport services, or

“Rules for telling people about a bus or train workers' strike before it happens”

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95: Penalty for breach of section 93(4) or 94(4), or

“You can get in trouble if you don't tell people about changes to bus or train services before a strike or lockout.”

Part 8 Strikes and lockouts
Procedure to provide public with notice before strike or lockout in certain passenger transport services

94Procedure to provide public with notice before lockout in certain passenger transport services

  1. No employer engaged in providing a passenger road service or passenger rail service may lock out employees who are employed in the service—

  2. unless participation in the lockout is lawful under section 83 or section 84; and
    1. without having given to the employees' union or unions notice in writing of the employer's intention to lock out.

      1. The notice required by subsection (1) must specify—

      2. the period of notice, being a period of not less than 24 hours; and
        1. the nature of the proposed lockout, including whether or not it will be continuous; and
          1. the particular passenger road service or passenger rail service that will be affected by the lockout; and
            1. the date and time on which the lockout will begin; and
              1. the date and time on which, or an event on the occurrence of which, the lockout will end; and
                1. the names of the employees who will be locked out.

                  1. The notice must be signed either by the employer or on the employer's behalf.

                  2. An employer engaged in providing a passenger road service or passenger rail service and who intends to lock out any employees who are employed in the service must take all practicable steps to ensure that the public who are likely to be affected are notified of the lockout as soon as possible.

                  Notes
                  • Section 94(2)(d): replaced, on , by section 59(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 94(2)(da): inserted, on , by section 59(2) of the Employment Relations Amendment Act 2014 (2014 No 61).