Strikes and Lockouts

Under the Employment Relations Act, the duty to act in good faith does not exclude the right to strike or lockout. However, these actions are only lawful in the context of bargaining if:

• the strike or lockout relates to a collective employment agreement (CEA) that will bind each of the employees concerned
• the Employment Court has made an order giving one of the parties the right to strike or lockout while the bargaining process continues.

Strikes and lockouts are illegal if:

• there is a CEA that is binding on the employees concerned which is still in force at the time
• the strike or lockout occurs during the bargaining process, unless:
  • at least 40 days have passed since the bargaining was initiated
  • the employees concerned were all bound by the same CEA when the bargaining was initiated, and that CEA has since expired
  • the employees concerned were all bound by different CEAs on the date that the bargaining was initiated, and at least one of those CEAs has since expired.

Special provisions apply to giving notice of strike or lockout action in essential services such as health or transport.

The Act places limitations on the ability of employers to hire outside labour during times of strike or lockout action.