Section 97 — Employment Relations Act 2000: Performance of duties of striking or locked out employees

97 Performance of duties of striking or locked out employees (1) This section applies if there is a lockout or lawful strike. (2) An employer may employ or engage another person to perform the work of a striking or locked out employee only in accordance with subsection (3) or subsection (4) . (3) An employer may employ another person to perform the work of a striking or locked out employee if the person— (a) is already employed by the employer at the time the strike or lockout commences; and (b) is not employed principally for the purpose of performing the work of a striking or locked out employee; and (c) agrees to perform the work. (4) An employer may employ or engage another person to perform the work of a striking or locked out employee if— (a) there are reasonable grounds for believing it is necessary for the work to be performed for reasons of safety or health; and (b) the person is employed or engaged to perform the work only to the extent necessary for reasons of safety or health. (5) A person who performs the work of a striking or locked out employee in accordance with subsection (3) or subsection (4) must not perform that work for any longer than the duration of the strike or lockout. (6) An employer who fails to comply with this section is liable to a penalty imposed by the Authority under this Act in respect of each person who performs the work concerned.