Employment Relations Act 2000

  • not the latest version

Essential services

90 Strikes in essential services

(1)

No employee employed in an essential service may strike—

(a)

unless participation in the strike is lawful under section 83 or section 84; and

(b)

if subsection (2) applies,—

(i)

without having given to his or her employer and to the chief executive, within 28 days before the date of the commencement of the strike, notice in writing of his or her intention to strike; and

(ii)

before the date and time specified in the notice as the date and time on which the strike will begin.

(2)

The requirements specified in subsection (1)(b) apply if—

(a)

the proposed strike will affect the public interest, including (without limitation) public safety or health; and

(b)

the proposed strike relates to bargaining of the type specified in section 83(b).

(3)

The notice required by subsection (1)(b)(i) must specify—

(a)

the period of notice, being a period that is—

(i)

no less than 14 days in the case of an essential service described in Part A of Schedule 1; and

(ii)

no less than 3 days in the case of an essential service described in Part B of Schedule 1; and

(b)

the nature of the proposed strike, including whether or not the proposed action will be continuous; and

(c)

the place or places where the proposed strike will occur; and

(d)

the date and time on which the strike will begin; and

(e)

the date and time on which, or an event on the occurrence of which, the strike will end.

(4)

The notice—

(a)

must be signed by a representative of the employee’s union on the employee’s behalf:

(b)

need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—

(i)

are members of a union that is a party to the bargaining; and

(ii)

are covered by the bargaining; and

(iii)

are employed in the relevant part of the essential service or at any particular place or places where the essential service is carried on.

Compare: 1991 No 22 s 69

Section 90(1)(b)(ii): replaced, on 6 March 2015, by section 56(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 90(3)(d): replaced, on 6 March 2015, by section 56(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 90(3)(e): inserted, on 6 March 2015, by section 56(2) of the Employment Relations Amendment Act 2014 (2014 No 61).