When are strikes and lockouts legal?

Question

Accepted Answer

Employees can only legally strike or be locked out for health and safety reasons or in relation to collective bargaining if they’ll be bound by the collective agreement being bargained for. If a strike or lockout is legal (and the right notice was given), it can’t be stopped by a court order. Strikes and lockouts related to collective bargaining may be legal if:
• they relate to bargaining for a single-party or multi-party collective agreement; and at least one of the employees’ existing collective agreements has expired; and the parties began bargaining at least 40 days earlier
• part of a collective agreement is illegal and the Employment Court has made an order suspending that part
• it’s in essential service (as per Schedule 1 of the Employment Relations Act) but only if the requirements for notice have been met.
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