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Employment Relations Act 2000

Strikes and lockouts - Jurisdiction of Employment Court

100: Jurisdiction of court in relation to injunctions

You could also call this:

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

The Employment Court has the sole power to decide on cases about stopping strikes or lockouts, or preventing them from happening. This includes cases about stopping or preventing picketing related to strikes or lockouts. No other court can make decisions about these matters.

If someone tries to get the Employment Court to stop a strike or lockout, or prevent one from happening, the court must check if the strike or lockout is allowed by law. If it is allowed under section 83 or section 84, the court must dismiss the case. After that, no one can try to stop that strike or lockout in the District Court or High Court.

You can only go to the Employment Court for these kinds of cases. This means you can’t go to other courts to try to stop strikes, lockouts, or picketing related to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60301.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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99: Jurisdiction of court in relation to torts, or

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

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100A: Codes of employment practice, or

“Rules that explain how to follow job laws and treat workers fairly”

Part 8 Strikes and lockouts
Jurisdiction of Employment Court

100Jurisdiction of court in relation to injunctions

  1. The court has full and exclusive jurisdiction to hear and determine any proceedings issued for the grant of an injunction—

  2. to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
    1. to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout; or

        1. No other court has jurisdiction to hear and determine any action or proceedings seeking the grant of an injunction—

        2. to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
          1. to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout; or

              1. Where any action or proceedings seeking the grant of an injunction to stop a strike or lockout or to prevent a threatened strike or lockout are commenced in the court, and the court is satisfied that participation in the strike or lockout is lawful under section 83 or section 84,—

              2. the court must dismiss that action or those proceedings; and
                1. no proceedings seeking the grant of an injunction to stop that strike or lockout or to prevent that threatened strike or lockout may be commenced in the District Court or the High Court.

                  1. Repealed

                  2. Repealed
                  Compare
                  • 1991 No 22 s 74
                  Notes
                  • Section 100(1)(b): amended, on , by section 63(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 100(1)(c): repealed, on , by section 30(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(2)(b): amended, on , by section 63(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 100(2)(c): repealed, on , by section 30(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(4): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(5): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).