91 Lockouts in essential services

(1)

No employer engaged in an essential service may lock out any employees who are employed in the essential service—

(a)

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

(b)

if subsection (2) applies,—

(i)

without having given to the employees’ union or unions and to the chief executive, within 28 days before the date of commencement of the lockout, notice in writing of the employer’s intention to lock out; and

(ii)

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

(2)

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

(a)

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

(b)

the proposed lockout 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 lockout, including whether or not it will be continuous; and

(c)

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

(d)

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

(da)

the date and time on which, or an event on the occurrence of which, the lockout will end; and

(e)

the names of the employees who will be locked out.

(4)

The notice must be signed either by the employer or on the employer’s behalf.

Compare: 1991 No 22 s 70

Section 91(1)(b)(ii): replaced, on 6 March 2015, by section 57(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 91(3)(d): replaced, on 6 March 2015, by section 57(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 91(3)(da): inserted, on 6 March 2015, by section 57(3) of the Employment Relations Amendment Act 2014 (2014 No 61).