Employment Relations Act 2000

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85 Effect of lawful strike or lockout


Lawful participation in a strike or lockout does not give rise—


to proceedings under section 99 that are founded on tort; or


to proceedings under section 100 for the grant of an injunction; or


to any action or proceedings—


for a breach of an employment agreement; or


for a penalty under this Act; or


for the grant of a compliance order.


Where it is proved in proceedings that participation in a strike or lockout of a kind described in section 86 has occurred, a party to those proceedings who alleges that participation in the strike or lockout was lawful by virtue of section 84 has the burden of proving that allegation.

Compare: 1991 No 22 ss 64(2), 71(2)