Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Strikes and lockouts - Employer's liability for wages during lockout

96: Employer not liable for wages during lockout

You could also call this:

“When a boss locks workers out, they don't have to pay them unless the lockout isn't allowed.”

If your employer locks you out of work, you won’t get paid for the time you’re locked out. This includes your regular pay, wages, and any other money you usually get from your job. However, if your employer’s lockout is against the law, you might still get paid.

When you go back to work after a lockout, it’s like you never left. Your time at work is counted as if you were there the whole time. This means you don’t lose any rights or benefits that depend on how long you’ve been working there.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59994.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Previous

95H: Resolution of problem relating to specified pay deduction, or

“This section explains how to fix problems with money taken from your pay for union fees, but it's no longer part of the law.”

Next

97: Performance of duties of striking or locked out employees, or

“Rules about who can do the work of employees who are on strike or locked out”

Part 8 Strikes and lockouts
Employer's liability for wages during lockout

96Employer not liable for wages during lockout

  1. Where any employees are locked out by their employer, those employees are not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the lockout, unless the employer's participation in the lockout is unlawful.

  2. On the resumption of work by the employees, their service must be treated as continuous, despite the period of the lockout, for the purpose of rights and benefits that are conditional on continuous service.

Compare
  • 1991 No 22 s 72