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86A: Notice of strike
or “Workers must tell their boss and the government before they stop working together.”
You could also call this:

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

You need to know about giving notice before locking out employees. A lockout is when an employer stops employees from working as part of a dispute.

Before you can lock out employees, you must make sure it’s legal according to section 83 or section 84. You also have to give notice to the employees’ union or unions and to the chief executive. The lockout can’t start before the date and time you put in the notice.

The notice you give must be in writing. It needs to include:

  1. How much notice you’re giving
  2. What kind of lockout it will be, including if it will be non-stop or not
  3. Where the lockout will happen
  4. When the lockout will start (date and time)
  5. When the lockout will end (date and time, or what needs to happen for it to end)
  6. The names of the employees who will be locked out

You or someone acting for you must sign the lockout notice.

Remember, these rules don’t apply if you need to give notice under section 91 for lockouts in essential services, or section 94 for lockouts in certain passenger transport services. Those sections have their own rules you need to follow.

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Next up: 87: Suspension of striking employees

or “When workers go on strike, their boss can stop them from working and not pay them, but their job is still safe.”
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Part 8 Strikes and lockouts
Notice of strike or lockout

86BNotice of lockout

  1. No employer may lock out any employees—

  2. unless participation in the lockout is lawful under section 83 or 84; and
    1. without having given to the employees' union or unions and to the chief executive notice of the employer's intention to lock out; and
      1. before the date and time specified in the notice as the date and time on which the lockout 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 lockout, including whether or not it will be continuous; and
                1. the place or places where the proposed lockout will occur; and
                  1. the date and time on which the lockout will begin; and
                    1. the date and time on which, or an event on the occurrence of which, the lockout will end; and
                      1. the names of the employees who will be locked out.

                      2. The lockout notice must be signed by the employer or on the employer's behalf.

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

                      4. section 91 (lockouts in essential services):
                        1. section 94 (procedure to provide public with notice before lockout in certain passenger transport services).

                          Notes
                          • Section 86B: inserted, on , by section 55 of the Employment Relations Amendment Act 2014 (2014 No 61).