• Terms & Conditions of use
  • Main sources
  • Basic position commentary
  • More detail commentary (professional versions only)

    NOTES

    ERA 1996 s.29 is entitled "Exclusions from right to guarantee payment".



    If failure by an employer to provide work occurs in consequence of "a strike, lock-out or other industrial action" employees have no right to a guarantee payment (ERA 1996 s.29(3)).

    ERA 1996 s.29(3) as originally enacted used the words trade dispute, not "strike, lock-out or other industrial action".

    Trade dispute now has a special narrow meaning. The words "strike, lock-out or other industrial action" were substituted for "trade dispute" in 1982 when the narrow definition was introduced (so as to prevent an unintended extension of employees' rights to guarantee payments).

    FINISH>
    reviewed May 2010