New Zealand workers’ right to strike backed by world’s top court

New Zealand workers' right to strike backed by world's top court

• May 22, 2026May 22, 2026

The New Zealand Council of Trade Unions Te Kauae Kaimahi welcomes yesterday's advisory opinion from the International Court of Justice (ICJ) confirming that the right to strike is protected under International Labour Organization (ILO) Convention 87 on Freedom of Association and Protection of the Right to Organise.

The ICJ is the highest court in the world, and its advisory opinion reconfirms that the right to strike is protected by international law. The Court confirmed that the right to strike is essential in enabling workers to exercise freedom of association.

NZCTU Secretary Melissa Ansell-Bridges says the ruling matters for working people in Aotearoa.

"The right to strike is one of the most important tools workers have to stand up for fair pay, safe workplaces, and decent conditions. Yesterday's decision puts that right beyond doubt in international law," she says.

"This is a win for workers, but it's also good news for governments and responsible employers. Clear, predictable rules make for stable workplaces and constructive bargaining."

Ansell-Bridges says the ruling is a timely reminder of New Zealand's international obligations, given the direction this Government has been taking.

"At a time when the Government is stripping back workers' rights through the Employment Relations Amendment Act, the gutting of pay equity, and other measures, the world's top court has just reminded everyone that the right to strike is fundamental - not optional, not negotiable, and not something governments can chip away at without consequence.

"New Zealand has been a proud member of the ILO since it was founded in 1919, but we remain one of a shrinking group of countries that has never ratified Convention 87. The New Zealand - European Union Free Trade Agreement obliges us to ratify Convention 87. The Government has used the recent legal challenge around whether Convention 87 covers the right to strike as an excuse for stalling on this. Yesterday's ruling removes this excuse.

"The NZCTU is calling on all political parties to commit to ratifying Convention 87 within the next parliamentary term. It would bring New Zealand into line with 158 countries and send a clear signal that this country still takes workers' rights seriously," says Ansell-Bridges.