Employment Relations Act 2000

Strikes and lockouts - Interpretation

82AA: Meaning of partial strike and specified pay deduction

You could also call this:

"What is a partial strike and how it can affect your pay"

When you hear the term partial strike, it means a strike where you do one or both of the following: you continue to do some work for your employer during the strike, or you break your employment agreement. This can include refusing to do some of your normal work, or doing less work than you normally do. You can also have a reduction in your normal performance of work, which means you do not work as well as you normally do, or you produce less than you normally do, or you work at a slower rate than you normally do. When you hear the term specified pay deduction, it means a deduction made from your salary or wages in accordance with section 95A, and it is calculated in accordance with section 95C(1) and (2), or by imposing a flat rate of 10% under section 95C(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1455407.


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82: Meaning of lockout, or

"What a lockout is: when an employer stops work or employing people to get what they want from employees."


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82A: Requirement for union to hold secret ballot before strike, or

"Workers must vote secretly before they can go on strike"

Part 8Strikes and lockouts
Interpretation

82AAMeaning of partial strike and specified pay deduction

  1. In this Act,—

    partial strike means a strike in which the employees who are party to the strike do one or both of the following:

    1. continue to perform some work for their employer or employers during the strike instead of wholly discontinuing their employment during the strike, and includes, without limitation,—
      1. a partial discontinuance of work through a refusal or failure to accept engagement for work that forms part of the employees’ normal duties:
        1. a reduction in the employees’ normal performance of work, normal output, or normal rate of work:
        2. break their employment agreement, whether or not the act involves any reduction in the employees’ normal duties, normal performance of work, normal output, or normal rate of work

          specified pay deduction means a deduction—

          1. made, or to be made, from an employee’s salary or wages in accordance with section 95A; and
            1. calculated—
              1. in accordance with section 95C(1) and (2); or
                1. by imposing a flat rate of 10% under section 95C(3).

              Notes
              • Section 82AA: inserted, on , by section 5 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).