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Employment Relations Act 2000

Strikes and lockouts - Specified pay deductions in relation to partial strike

95B: Notice of specified pay deduction

You could also call this:

"Telling you when pay will be deducted during a strike"

If you are an employee who is going on a partial strike, your employer must tell you that they will be taking money out of your pay. Your employer can only do this if they have already been told about the strike. They must give you written notice that says when the money will be taken out of your pay.

Your employer must give you this notice as soon as they can and before they take any money out of your pay. If lots of employees are going on strike, your employer can give one notice to all of you or to your union, instead of giving each of you a separate notice. You can find more information about how strikes are handled in the Education and Training Act 2020 or the Wages Protection Act 1983.

Your employer does not have to give you a new notice if the strike goes on for more than one pay period. They also do not have to tell you exactly how much money they will be taking out of your pay. The notice they give you is still valid even if they give it to employees who are not on strike.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1455433.

Topics:
Work and jobs > Worker rights
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95A: Employer may make specified pay deductions in relation to partial strike, or

"Your employer can take some of your pay if you're on a partial strike, but only in certain situations."

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95C: Calculation of specified pay deduction, or

"How your pay is worked out if you're on a partial strike"

Part 8Strikes and lockouts
Specified pay deductions in relation to partial strike

95BNotice of specified pay deduction

  1. If an employer intends to make specified pay deductions in relation to a partial strike, the employer must give notice to each employee who is, or will be, party to the strike that the employer will make those deductions.

  2. A notice under subsection (1) may be given only if the employer has received notice of the partial strike in accordance with this Part or section 589 of the Education and Training Act 2020 (whichever applies).

  3. A notice under subsection (1) must—

  4. be in writing; and
    1. specify the relevant pay period or relevant pay periods in respect of which the employer will make a deduction; and
      1. be given—
        1. as soon as is reasonably practicable; and
          1. before the first deduction is made or the end of the first relevant pay period specified under paragraph (b) (whichever comes first).

          2. If 2 or more of the employer’s employees are parties to a partial strike, the employer may, instead of giving notice to each of those employees, give notice under this section by—

          3. providing a single notice to all those employees or their union; or
            1. providing a notice to each of those employees, with the same wording in each notice.

              1. To avoid doubt,—

              2. an employer may choose the method of giving notice under this section:
                1. the validity of a notice is not affected merely because it is also given to employees who are not subject to the specified pay deduction (for example, non-striking employees):
                  1. if the partial strike continues over more than 1 pay period, the employer is not required to give notice more than once:
                    1. a notice under this section is not required to specify the amount or proportion of a specified pay deduction:
                      1. the validity of a notice is not affected if the employer recovers a specified pay deduction as an overpayment under section 6 of the Wages Protection Act 1983.

                        1. In this section, relevant pay period means a pay period within which an employee will, in the normal course of events, be paid for a period within which a partial strike, or part of a partial strike, occurred.

                        Notes
                        • Section 95B: inserted, on , by section 9 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).