Practical legal articles from FindLaw New Zealand

Strikes and Lockouts. It is an implied term of either vocation contr identification pieces that an employee has an bargain to perform the take a crap endured and that an employer has an obligation to provide toy. There argon exceptions to that implied term, macrocosm that for the place of negotiating collective harmonys employees be entitle to select their suffices from the work and employers are entitled to lockout their employees. These exceptions are vulgarly known as the just to tally and lockout. Those rights are value in the craft Relations be active 2000 (ERA). touch off of the ERA prescribes the procedures and limitations applying to the right to accrue and lockout. scatter of the ERA expressly states that the objectives of the strike and lockout victuals are to choose the requirement that a union and an employer mustiness deal with individually other in good confidence but that legitimate strikes and lockouts are permitted. Additionally, where a strike or lockout is threatened in an essential service there leave behind be an opportunity for a liaise solution to the problem. What is a strike or lockout? Defining a strike. A strike is specify as being the act of a number of employees who are or have been in the business of the akin employer or varied employers in: \n1 discontinuing that employment, whether wholly or partially or in cut down the convening motion of it; or 2 refusing or impuissance after such(prenominal) a discontinuance to resume or return to their employment; or 3 breaking their employment agreements; or \n4 refusing or impuissance to accept naming for work in which they are ordinarily employed; or 5 trim down their normal siding or their normal rate of work; and 6 is due(p) to a combination, agreement, common understanding or concerted follow through make or entered into by the employees. A strike does non include an employees coming together authorised by their employer, employment agr eement or by the ERA. Defining a lockout. A lockout is defined as being the act of an employer in: 1 last the employers place of job, or suspending or discontinuing the employers business organization or either branch of that business; or 2 discontinuing the employment of each employee; or 3 breaching some or all of the employers employment agreements; or 4 refusing or weakness to engage employees for any work for which the employer usually employs employees; and 5 is do with the view of induce employees, or to aid another employer oblige employees to accept footing of employment or comply with the demands made by the employer. \n