FAQs for NZNO members on strike

Nurses, midwives and health care assistants going on strike for safe staffing. Patients and whānau are paying pay the price for hospitals that are under-staffed and under-resourced. We’re taking action for safe staffing for better patient care.

The strike at Te Whatu Ora will be a complete withdrawal of labour at every place in New Zealand where Health New Zealand provides health services and/or disability support services.

The strike at the Department of Corrections will be a complete withdrawal of labour at every place in New Zealand at which the Department of Corrections provides health care.

Strike action is the most powerful tool union members have to make change collectively. Strike action impacts the employer economically by disrupting services and creating additional costs to provide cover and clear backlogs. Strike action also impacts the Government politically through making publicly visible high levels of health worker anger. The greater the levels of participation by affected workers in strike action, the more impactful and powerful it is.

The decision to strike is made democratically by union members affected by the strike notice.

All NZNO members in roles covered by the relevant strike notice have the legal right to strike. This includes NZNO members on a work visa. If you hear about any member’s visa being threatened because they plan to take strike action, please contact NZNO to report this.

Please note: Members who join NZNO after a strike notice has been issued are entitled to take part in strike action.

A worker who joins a union part way through a long strike is also able to participate. The notice is given on behalf of union members who are covered by the bargaining. So when someone joins the union, they become covered by the strike.

We need to show the employer and the public that we are serious about achieving our collective goals. Members should join any planned pickets and protest actions during the strike to ensure maximum impact.

Life Preserving Services

During Te Whatu Ora strike action the employer is legally required to provide Life Preserving Services. The employer’s obligation to provide Life Preserving Services is outlined in the Employment Relations Act 2000 Code of good faith for public health sector.

When planning to provide Life Preserving Services the employer must make every effort to have non-NZNO employees working before NZNO members are asked to work.

In some cases, NZNO members may be required to work on strike day to ensure the employer can provide Life Preserving Services. This decision will be made after a process involving NZNO. It is important that NZNO members and delegates are involved in Life Preserving Services negotiations for their work area to make sure the employer doesn’t misrepresent the number of staff required.

The employer should then assess each day whether the number of NZNO members needed can be reduced.

See here for more information about Life Preserving Services including LPS requests/agreements by District.

We all have the right to strike - info for NZNO members on working visas

All union members in New Zealand have a right to strike – this includes migrant workers who have the same employment rights as New Zealand workers. These rights apply regardless of the migrant worker’s immigration status. Immigration New Zealand does not place any restrictions on workers who decide to join strike action. There are also no conditions on work visas to prevent workers from participating in strike action. All employers must respect the rights of migrant workers or face fines or lose the right to employ migrant workers. Employers cannot have visas cancelled or have workers deported.

Strike FAQs

Why is strike action effective?

Strike action is the most powerful tool union members have to make change. This is because strike action economically impacts the employer, politically impacts the Government and creates high levels of visibility. The greater the levels of participation by affected workers in strike action, the more impactful and powerful it is.

Who can go on strike?

NZNO members in roles covered by the relevant strike notice have the legal right to strike. This includes being covered by the relevant collective agreement. Check the strike notice to confirm it applies to your role.

Members who have joined NZNO after the strike notice has been issued, but before the strike has begun, are entitled to take part in the strike action.

Who makes the decision to go on strike?

NZNO members who work in areas covered by the strike notice vote in a secret ballot.

Do I have to go on strike if I voted not to strike?

All NZNO members covered by the strike notice are expected to abide by the democratic decision of the majority 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.

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 and seek support.

Can workers be suspended for going on strike?

Technically yes, but in reality a suspension for striking is meaningless for a striking worker. It is not what you would normally consider a suspension, eg, a suspension for disciplinary purposes. 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.

Are charge nurses/ senior staff expected to strike? My charge nurse has said she cannot strike.

All members covered by the proposed coverage clause of the strike notice should take part in the strike unless they are providing life preserving services set out in the LPS agreement. In many cases charge nurses / senior staff can strike.

I’m a student and want to volunteer to work 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.

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 where the strike is taking place then the strike notice doesn’t apply to you. However, you are free (and encouraged!) to support strike day actions and pickets in your free time.

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.

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.

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 NZNO.

Can I treat strike day as a holiday?

Strike action is collective industrial action. We need to show the employer, the Government and the public that we are serious about achieving our collective goals. Members should join any planned pickets and protest actions during the strike. Additionally, strike notices can be withdrawn at any time so it is important that people rostered to work are available to do so.

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?

Any documentation and handover should be completed before the strike starts. It will be important that care plans are up to date before strike day and any change in patient need/demand on the day is recorded in documentation.

Nurses are going to be pushed to get everything done before the strike starts.

There should be no expectation that additional nursing duties/activities will be fitted into the period before the strike starts. It will be important that prior to the strike the nursing team assess patient/client need and undertake the activities required for that time. You should factor in that you will be leaving the workplace when the strike begins. Your documentation and handover will need to occur prior to the strike starting.

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 able to leave the workplace. The employer has 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 the scheduled strike start time.

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 relevant strike notice 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.