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Employment Relations Act 2000

Strikes and lockouts - Jurisdiction of Employment Court

99: Jurisdiction of court in relation to torts

You could also call this:

“The Employment Court decides cases about harm caused during strikes or lockouts.”

The Employment Court has the only power to hear and decide on cases about wrongdoing related to strikes or lockouts. This includes cases against people involved in a strike or lockout that might happen, is happening, or has happened. It also covers cases about picketing related to a strike or lockout.

No other court can hear cases about wrongdoing related to strikes, lockouts, or picketing connected to them.

If someone starts a case in the Employment Court about wrongdoing related to a strike or lockout, and the court finds that the strike or lockout was allowed by section 83 or section 84, the court must stop the case. Also, no one can start a similar case in the District Court or High Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60300.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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98: Record of strikes and lockouts, or

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

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100: Jurisdiction of court in relation to injunctions, or

“The Employment Court is the only court that can decide on stopping strikes, lockouts, or picketing.”

Part 8 Strikes and lockouts
Jurisdiction of Employment Court

99Jurisdiction of court in relation to torts

  1. The court has full and exclusive jurisdiction to hear and determine proceedings founded on tort—

  2. issued against a party to a strike or lockout that is threatened, is occurring, or has occurred, and that have resulted from or are related to that strike or lockout:
    1. issued against any person in respect of picketing related to a strike or lockout.

      1. No other court has jurisdiction to hear and determine any action or proceedings founded on tort—

      2. resulting from or related to a strike or lockout:
        1. in respect of any picketing related to a strike or lockout.

          1. Where any action or proceedings founded on tort are commenced in the court, and the court is satisfied that the proceedings resulted from or related to participation in a strike or lockout that is lawful under section 83 or section 84,—

          2. the court must dismiss those proceedings; and
            1. no proceedings founded on tort and resulting from or related to that strike or lockout may be commenced in the District Court or the High Court.

              Compare
              • 1991 No 22 s 73