Section 85 — Employment Relations Act 2000: Effect of lawful strike or lockout

85 Effect of lawful strike or lockout (1) Lawful participation in a strike or lockout does not give rise— (a) to proceedings under section 99 that are founded on tort; or (b) to proceedings under section 100 for the grant of an injunction; or (c) to any action or proceedings— (i) for a breach of an employment agreement; or (ii) for a penalty under this Act; or (iii) for the grant of a compliance order. (2) Where it is proved in proceedings that participation in a strike or lockout of a kind described in section 86 has occurred, a party to those proceedings who alleges that participation in the strike or lockout was lawful by virtue of section 84 has the burden of proving that allegation. Compare: 1991 No 22 ss 64(2), 71(2)