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s 237

Legal effect of protected industrial action

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Chapter 4Collective bargaining
Part 8Protected industrial action
Division 3Consequences of protected industrial action

237 Legal effect of protected industrial action

(1)

No legal proceedings lie under any law for action taken for protected industrial action except proceedings for action resulting in any of the following—

(a)

personal injury;

(b)

wilful or reckless destruction of, or damage to, property;

(c)

the unlawful taking, keeping or use of property.

(2)

Despite subsection (1), proceedings for defamation may be brought for anything that happens during protected industrial action.

(3)

If protected industrial action is the lockout of an employee by an employer—

(a)

the employer may refuse to pay the employee remuneration for the period of the lockout; but

(b)

the continuity of the employee’s employment, for the purposes prescribed by regulation, is not affected by the lockout.

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