Department of Labour Information on Strikes and Lockouts

Free public access to unofficial versions of New Zealand statutes is available at www.legislation.govt.nz/

Employers may suspend striking employees without pay. Employers may also suspend non-striking employees if the work they normally do is not available because of the strike. The employees may remain entitled to be paid if the employer does not suspend them.

If the strike is lawful, employers cannot make other employees do the work of striking or locked out employees. Also, the employer may not employ new staff to do the work except when the work must be done for health and safety reasons. Employers can ask other employees to perform the work and the other employees can agree to do it.

Employers may not discriminate against lawfully striking employees. If a strike or lockout is not lawful, affected parties can apply to the Employment Court to stop the action and for other remedies.

A strike can be when employees refuse to do some of their normal work – work does not have to stop completely.

The employer of the employees participating in the strike or affected by the lockout must keep a prescribed record of the strike or lockout, and give it to the Department of Labour within one month of the end of the strike or lockout.

The best way to deal with a workplace problem is to prevent it from happening. When problems arise during the course of employment, good guidance and information is essential. Both employers and employees should ensure they have the information and guidance they need. Strikes and lockouts are serious matters that raise complicated legal issues.

The New Zealand Department of Labour’s employment relations site has useful information about strikes and lock outs.