Employment Relations Act 2000

  • not the latest version
85 Effect of lawful strike or lockout

(1)

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

(a)

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

(b)

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

(c)

to any action or proceedings—

(i)

for a breach of an employment agreement; or

(ii)

for a penalty under this Act; or

(iii)

for the grant of a compliance order.

(2)

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)