Interpretation

81 Meaning of strike

(1)

In this Act, strike means an act that—

(a)

is the act of a number of employees who are or have been in the employment of the same employer or of different employers—

(i)

in discontinuing that employment, whether wholly or partially, or in reducing the normal performance of it; or

(ii)

in refusing or failing after any such discontinuance to resume or return to their employment; or

(iii)

in breaking their employment agreements; or

(iv)

in refusing or failing to accept engagement for work in which they are usually employed; or

(v)

in reducing their normal output or their normal rate of work; and

(b)

is due to a combination, agreement, common understanding, or concerted action, whether express or, as the case requires, implied, made or entered into by the employees.

(2)

In this Act, strike does not include an employees’ meeting authorised—

(a)

by an employer; or

(b)

by an employment agreement; or

(c)

by this Act.

(3)

In this Act, to strike means to become a party to a strike.

Compare: 1991 No 22 s 61

Section 81(1)(b): amended, on 14 May 2013, by section 6 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).