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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:

"If your employer locks you out, you don't get paid for that time unless they did something wrong."

If you are locked out by your employer, you are not entitled to get paid for that time. You do not get salary, wages, or allowances for the period you are locked out, unless your employer did something unlawful. Your employer's actions during the lockout will determine if you get paid.

When you go back to work, the time you were locked out is ignored for things like rights and benefits that depend on how long you have been working there. This means your service is treated as continuous, even though you were not working during the lockout. You get the same rights and benefits as if you had been working the whole 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=DLM59994.

Topics:
Work and jobs > Worker rights
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"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."

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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 8Strikes 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