Strike FAQs
When are the strike days?
The first proposed strike is a complete withdrawal of labour at every place in New Zealand where the employer provides health care or hospital care services.
The strike will begin on 3 December 2024 at 1100hrs and end on 3 December 2024 at 1900 hrs.
There will also be rolling strike action between 10-19 December 2024 that will be on different days, depending on the district. In every district the strike will begin at 1300 hrs and end at 1700 hrs. Members will be advised of the timing of the district strike action at least two weeks in advance of the strike.
The dates of the rolling strikes will be added here as strike notices are issued from 25 November: https://maranga-mai.nzno.org.nz/te_whatu_ora_strikes_december_2024
Can I be sacked for going on lawful strike?
No. NZNO members covered by the NZNO/Te Whatu Ora Collective Agreement (and the relevant strike notice) have the legal right to strike.
Can Te Whatu Ora suspend me for going on strike?
Technically yes, but a suspension for striking is meaningless for a striking worker. It is not what you would normally consider a suspension. The suspension comes to an end automatically (by law) at the end of the strike with no ongoing consequences. Don't let yourself feel intimidated by a suspension notice, there's really nothing to it.
Who can go on strike?
NZNO members in roles covered by the strike notice are able to participate in the strike action.
For the 10-19 December rolling strikes we have agreed on a without prejudice basis that members who joined NZNO after the notice of strike was served will not be covered by the strike notice. More information about this issue can be found in this email to members sent on 9 December.
Do I have to go on strike if I voted not to strike?
All members covered by the NZNO/Te Whatu Ora Collective Agreement are expected to abide by the democratic decision of the majority of members and participate in the strike. Our Constitution states that all NZNO members have the obligation to “not undermine the majority decision of directly affected members to take industrial action if not supporting that action themselves”. However, you cannot be forced to strike.
I’m rostered to work on strike day, can I strike for part of my shift and work part of my shift?
NZNO members should be on strike for any part of your shift that falls within the proposed hours of the strike. An exception to this would be NZNO members working the first part of their shift (e.g.0700-1100) and then filling a Life Preserving Services (LPS) gap for the remainder of the shift.
Can I leave town if I am on strike for a mini holiday?
Short answer, no. Long answer: Strike action is collective industrial action and we need to show Te Whatu Ora and the public that we are serious about achieving our collective goals. We therefore expect members to join any planned pickets and protest actions during the strike. Additionally, strike notices can be withdrawn at any time (e.g. if members ratify an offer) so it is important that those people rostered to work are available to do so.
Can I take strike action if I am on a work visa?
Yes, you can strike and are encouraged to if you’re an NZNO member. If you hear about any member’s visa being threatened, please contact NZNO to report this.
I’m a student and want to take part but the nursing school has said no - what are my rights?
If you have student membership with NZNO and are not otherwise employed by Te Whatu Ora then you are not party to the strike action. You are free (and encouraged!) to support strike events in your free time.
I’m a student and want to volunteer in the hospital on strike day. Can I?
We don’t recommend nursing students volunteer on strike day. Given there won’t be sufficient RN supervision available there will be risks to you. As well as this, all NZNO members should support strike action by attending local events if possible.
If I have to work because of the nature of my role do I get paid?
Yes, if you end up working as part of the agreed plan to maintain life preserving services during the strike you will be paid as per the Collective Agreement.
Can Te Whatu Ora cancel my leave before the strike action?
If the arrangement for leave pre-dates the strike ballot then such leave arrangements should continue to apply. If you require any support contact us.
What if I have study or sick days booked during the strike action? Do I still get paid for these?
It is likely that study booked that day will be cancelled. If you are sick that day you may not be paid as you will still be covered by the strike notice.
If I have to work because I cannot afford to strike, will I get paid? Am I required to still strike if I can’t afford it?
All NZNO members covered by the NZNO/Te Whatu Ora Collective Agreement are expected to go on strike. NZNO has a financial hardship fund which members can access. Details about this fund and how to access it can be found here. There is also the option of covering Life Preserving Services on the day.
How can I apply for the Hardship Fund?
The link to the NZNO Industrial Action Hardship Fund information and application form is here.
What are Life preserving Services?
See this guidance here.
Where can I see the LPS agreement for my worksite?
These will be posted here as they are confirmed.
Can Te Whatu Ora force non-NZNO employees to work on the strike days?
Te Whatu Ora should make every effort to have non-NZNO employees working before NZNO members are asked to work. Te Whatu Ora should then assess each day whether the number of NZNO members needed can be reduced. Generally speaking non-NZNO employees are employed on the same hours of work provisions as negotiated by NZNO and our NZNO/Te Whatu Ora Collective Agreement requires mutual agreement to roster changes once they have been posted.
Can non NZNO members rostered on to work in their area of work, be re deployed to other areas on strike day?
Yes, but workers can't be forced to perform (non-LPS) duties of striking workers. If you know non-NZNO members who are likely to be redeployed, have a chat to them about supporting the strike by refusing to be redeployed.
Can our non-NZNO employees currently on roster have their hours changed to cover the strike period or do they need to stay on roster as the morning shift hours or afternoon that they are already rostered for?
Generally speaking non-NZNO employees are employed on the same hours of work provisions as negotiated by NZNO and our NZNO/Te Whatu Ora Collective Agreement requires mutual agreement to roster changes once they have been posted.
Can non-NZNO employees provide LPS only as well in support of us NZNO members? Or do they have to complete all usual duties?
Non-NZNO employees (nursing and midwifery staff) won’t be doing their normal work, they will be involved in the provision of life preserving services. Here's why: The obligation to provide life preserving services is an obligation that falls on Te Whatu Ora. If Te Whatu Ora is unable to provide those services without assistance from NZNO members, they request our assistance through the LPS process. As part of that process Te Whatu Ora needs to have done everything else they can to provide LPS before they ask for assistance. This includes looking at who else (non-NZNO employees) can help them provide life preserving services.
However, there will be non-NZNO employees who do not have the skills to provide LPS and there will be situations where NZNO members are providing LPS assistance while those staff are doing other work.
Staffing gaps with non-NZNO employees. Are there any further rules here? I was told by a manager they would be staffing with most senior nurses and no new graduates at all on the day.
Professional clinical skills and the member’s ability to work within the staffing level agreed for LPS are considerations for determining who may be suitable for providing assistance to Te Whatu Ora with LPS. However, a blanket approach is not appropriate.
What is the process for populating the LPS roster?
Members will be informed by NZNO of the agreement reached or adjudicated decision for assistance in providing LPS. They will then be asked to indicate their availability to provide LPS assistance to the Te Whatu Ora person responsible for compiling the roster. Te Whatu Ora will only accept members indicating availability up to the point that LPS rosters need additional people, i.e. once the roster is populated no further members will be added.
In the event that there are gaps remaining in the LPS roster, Te Whatu Ora will notify NZNO and NZNO will advise members of this and seek their assistance. Again we will ask members to directly confirm this with the roster person. Should there still be gaps the onus is on the employer to look at other ways of reducing volumes by combining work areas or further reducing services / cancelling elective procedures etc.
What happens if I am unable to leave at the time the strike is scheduled to begin?
From the time the strike is scheduled to begin you are on strike and are able to leave the workplace. Te Whatu Ora have a responsibility to ensure patient safety and part of that is making sure that patients are safe when members strike at the scheduled strike start time. For most members this will mean things like documentation and handover will occur prior to the scheduled strike start time and that elective surgery will have been cancelled. There may be some exceptional circumstances where members are unable to leave at scheduled strike start time.
Why are we striking for eight hours on 3 December?
A national strike of eight hours is large enough and long enough in time to focus public attention on our concerns. Members will be able to gather for large pickets, marches and gatherings, which will be significant locally and nationally. Starting with an eight-hour strike provides a foundation for escalating action. Having a strike which spans the a.m. and p.m. shifts for most, will reduce the financial impact on members, while maintaining considerable pressure on Te Whatu Ora. The strike duration will reduce the need for life preserving services, with more care being able to be moved or delayed.
Why are we holding rolling strikes that are on different days depending on the district between 9-20 December
Following Te Whatu Ora setting out their bargaining parameter of 1% of total employee cost and announcing a pause on CCDM FTE calculations, NZNO held an emergency meeting of our National Delegates Committee. The National Delegates Committee discussed options for action and ultimately endorsed the rolling strikes in addition to a national strike.
District nurses work 0800 until 1630. Can we work 0800-1200 and then walk out of the last 4 hours?
No. The strike start and finish times are specified in the strike notice.
Are charge nurses/ senior staff expected to strike? My charge nurse has said she cannot strike.
Yes. All members covered by the proposed coverage clause of the NZNO/Te Whatu Ora Collective Agreement should take part in the strike unless they are providing life preserving services set out in the LPS agreement.
If a non-NZNO employee comes on the ward to help, does an NZNO member get released to strike?
Every day from the point the LPS agreement was reached, Te Whatu Ora is required to look to see whether they can reduce their need for NZNO member assistance. If another staff member comes onto the ward and this reduces the Te Whatu Ora need for an NZNO member to provide LPS, then yes the NZNO member is released to strike.
How soon after these strikes can additional strikes be issued?
After these strikes have happened we will consult with members about the strike and options for future strikes if they are needed.
Does this mean in the week leading up to strike elective surgeries may also be reduced, as those people would be post-op in the wards on the day and not life threatening?
Yes, Te Whatu Ora should do everything possible to reduce patient demand and the need for NZNO members to provide assistance with life preserving services.
We normally write our notes at the end of the day but do we need to write them before we leave at the scheduled strike start time?
Yes. Any documentation and handover should be completed before 1100. Remember clinical documentation is about the care given, patient response to that care and the care planned. It will be important that care plans are up to date before strike day and if any change in patient need/demand on the day that this is recorded in documentation.
For the strike beginning at 1300, nurses are going to be pushed to get everything done beforehand (e.g. morning meds at 0800). What impact will this have on LPS?
There should be no expectation that 8 hours of nursing duties/activities will be fitted into 4 hours. It will be important that on the morning shift of strike day the nursing team assess patient/client need and undertake those activities required for that time. You should factor into the morning the fact you will be leaving the workplace at 1100. Your documentation and handover will need to occur prior to 1100.
What tasks will we do/not do when we are providing LPS?
LPS, as with nursing care, is NOT about tasks. Life preserving services will vary depending on the area you work in. The most important thing is to ensure you assess each situation and individual to decide whether not acting could endanger life or place the patient at serious risk of permanent harm or disability. If you decide this is the case, act/provide care and escalate as appropriate.
How will I be paid if I'm rostered On Call, Off Site?
Te Whatu Ora has confirmed that those who are rostered On Call, Off Site for the strikes will be paid the on-call allowance.