Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Strikes and lockouts - Notice of strike or lockout

86A: Notice of strike

You could also call this:

“Workers must tell their boss and the government before they stop working together.”

You can’t go on strike unless it’s allowed by the law and you’ve told your employer and the chief executive that you’re going to strike. You need to give them a written notice before the strike starts.

The notice must include important details like when the strike will start and end, what kind of strike it is, and where it will happen. A representative from your union needs to sign this notice.

You don’t have to list every worker’s name in the notice. Instead, you can say it’s for all workers who are union members involved in the bargaining and work in the areas affected by the strike.

If you make small mistakes in the notice, like leaving out some information or not getting it signed properly, it might still be okay as long as the mistake isn’t too big.

Remember, there are special rules for strikes in essential services, some passenger transport services, and schools. In these cases, you might need to follow different steps to give notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6406628.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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86: Unlawful strikes or lockouts, or

“When workers or bosses can't legally stop work or close workplaces”

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86B: Notice of lockout, or

“An employer must tell workers and the government before stopping them from working”

Part 8 Strikes and lockouts
Notice of strike or lockout

86ANotice of strike

  1. No employees may strike—

  2. unless participation in the strike is lawful under section 83 or 84; and
    1. without having given to the employees' employer and to the chief executive notice of the employees' intention to strike; and
      1. before the date and time specified in the notice as the date and time on which the strike will begin.

        1. The notice required under subsection (1) must—

        2. be in writing; and
          1. specify the following information:
            1. the period of notice given; and
              1. the nature of the proposed strike, including whether or not it will be continuous; and
                1. the place or places where the proposed strike will occur; and
                  1. the date and time on which the strike will begin; and
                    1. the date and time on which, or an event on the occurrence of which, the strike will end.

                    2. The notice—

                    3. must be signed by a representative of the employees' union on the employees' behalf:
                      1. need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
                        1. are members of a union that is a party to the bargaining; and
                          1. are covered by the bargaining; and
                            1. are employed in the relevant part of the workplace or at any particular place or places where the work is carried on.

                            2. An omission or error in any information specified under subsection (2)(b) or a failure to comply with subsection (3)(a) does not affect the validity of the notice if the omission, error, or failure is minor and technical only.

                            3. To avoid doubt, this section does not apply if notice is required under any of the following provisions:

                            4. section 90 (strikes in essential services):
                              1. section 93 (procedure to provide public with notice before strike in certain passenger transport services):
                                1. section 589 of the Education and Training Act 2020 (strikes in schools to be notified).

                                  Notes
                                  • Section 86A: inserted, on , by section 55 of the Employment Relations Amendment Act 2014 (2014 No 61).
                                  • Section 86A(3A): inserted, on , by section 28 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                  • Section 86A(4)(c): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).