| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59/07 |
| Hearing date | 30 May 2007 |
| Determination date | 05 June 2007 |
| Member | H Doyle |
| Representation | T Wilton ; D France |
| Location | Christchurch |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Air Nelson Ltd |
| Summary | INTERIM INJUNCTION – Applicant claimed respondent breached s97 Employment Relations Act by employing or engaging another person to perform work of striking employee – Sought interim injunction restraining breach – Respondent and Air New Zealand National Cargo (“ANZNC”) parties to sale and handling agency contract – Respondent advised ANZNC strike would affect ability to handle freight and would be unable to fulfil obligations under agency contract – ANZNC took on responsibility for handling goods and its employees did tasks that would have been performed by striking union members – Applicant had to establish arguable case respondent employed or engaged others to do work of striking employees – Individuals doing work of striking employees were Air New Zealand Limited employees – Agency contract between respondent and ANZNC provided remedial options for ANZNC in event respondent unable to meet obligations, including providing service itself – Care to be taken with finding arguable case respondent permitted work to be performed by Air New Zealand Ltd, and that by extension, it employed or engaged other persons – Could equally be argued ANZNC exercised rights under contract to provide service itself – Communication from respondent insufficient to establish arguable case it engaged or employed Air New Zealand Ltd and/or its employees to do work of striking employees – To extent could argue respondent did not stop arrangements, agency contract established ANZNC entitled to perform service if respondent unable to – No evidence respondent provided financial reward or other consideration to individuals doing work or any evidence of contractual relationship with them – Arguable case not established – Interim injunction declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s90;ERA s97;ERA s97(3);ERA s97(4);ERA s161;ERA s161(m)(ii);ERA s161(n);ERA Second Schedule cl10(1) |
| Cases Cited | Credit Consultants Ltd v Wilson and Anor unreported, Colgan CJ, Travis, Shaw JJ, 5 April 2007, WC 12A/07;National Distribution Union and Anor v General Distributors Ltd and Anor [2006] 1 ERNZ 790;National Distribution Union Inc v Carter Holt Harvey Ltd [2001] ERNZ 822 |
| Number of Pages | 10 |
| PDF File Link: | ca 59_07.pdf [pdf 36 KB] |