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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:

“Courts can hear cases about wrongs done during strikes or protests”

The court has the power to hear cases about torts that happen because of a strike or lockout. You can take someone to court if they do something wrong to you during a strike or lockout. This can include picketing, which is when people stand outside a workplace to protest. The court is the only one that can hear these types of cases, no other court can. If you start a case in court and it is about something that happened during a lawful strike or lockout, the court will stop the case if it is allowed under section 83 or section 84.

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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

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