Can an employer replace striking workers?

Question

Accepted Answer

Your employer can only get someone else to do your work while you’re striking or locked out (in relation to safety or health or collective bargaining) during the strike or lockout. If they get someone else to do the work without following the rules below, the Employment Relations Authority may impose a penalty for each person they got to do the work.
If you’re striking or locket out, your employer can get one of your colleagues to do your work if they:
• are already employed by the employer at the time the strike or lockout starts; and
• haven’t been employed mainly to do your work; and
• they agree.
Your employer can employ a *new* person to do the work only if there are reasonable safety or health reasons for this and the person only does the work as far as they need to for the safety or health reasons.
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