Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Strikes and lockouts - Performance of duties of striking or locked out employees

97: Performance of duties of striking or locked out employees

You could also call this:

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

When there’s a lockout or a legal strike, your employer can only get someone else to do the work of the striking or locked out workers in certain situations. Your employer can ask someone who already works for them to do the work, but only if that person wasn’t hired mainly to do the work of striking or locked out workers, and if they agree to do it.

Your employer can also hire or ask someone to do the work if it’s really important for safety or health reasons. But they can only do this work that’s needed to keep things safe and healthy.

Anyone who does the work of striking or locked out workers in these situations can only do it while the strike or lockout is happening.

If your employer doesn’t follow these rules, they can get in trouble. The Employment Relations Authority can give them a penalty for each person who does the work when they shouldn’t.

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 It might be out of date or be missing some parts.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=DLM59996.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
Previous

96: Employer not liable for wages during lockout, or

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

Next

98: Record of strikes and lockouts, or

“A list of worker protests and employer shutdowns must be kept and shared with the boss”

Part 8 Strikes and lockouts
Performance of duties of striking or locked out employees

97Performance of duties of striking or locked out employees

  1. This section applies if there is a lockout or lawful strike.

  2. An employer may employ or engage another person to perform the work of a striking or locked out employee only in accordance with subsection (3) or subsection (4).

  3. An employer may employ another person to perform the work of a striking or locked out employee if the person—

  4. is already employed by the employer at the time the strike or lockout commences; and
    1. is not employed principally for the purpose of performing the work of a striking or locked out employee; and
      1. agrees to perform the work.

        1. An employer may employ or engage another person to perform the work of a striking or locked out employee if—

        2. there are reasonable grounds for believing it is necessary for the work to be performed for reasons of safety or health; and
          1. the person is employed or engaged to perform the work only to the extent necessary for reasons of safety or health.

            1. A person who performs the work of a striking or locked out employee in accordance with subsection (3) or subsection (4) must not perform that work for any longer than the duration of the strike or lockout.

            2. An employer who fails to comply with this section is liable to a penalty imposed by the Authority under this Act in respect of each person who performs the work concerned.