The Court of Appeal has overturned a decision of the Employment Court which delayed the start of strike action by N.Z.P.F.U. members in July 2011.
The three Judges of the Court of Appeal held that that Employment Court had no power to order the Union and its members not to undertake the notified strike action. This was the agreement presented at the Employment Court but rejected there.
The Union welcomes this legal victory. The Union was very concerned that the Employment Court had interpreted the Employment Relations Act 2000 wrongly so as to limit the right to strike.
It is unfortunate that the Union and its members were denied their lawful right to strike for a considerable period.
The Court of Appeal awarded costs to the Union and these will now be recovered from the employer, including the costs incurred in the Employment Court.
A copy of the Decision is available on the website.
Colective Agreement Negotiations
The employer and the Union will meet again on 13 December with the assistance of a Mediator from the Department of Labour. An update on any developments will be provided as soon as practicable after then.