Court of Appeal upholds union appeal on strike breakers

Court of Appeal upholds union appeal on strike breakers

The Court of Appeal has quashed the Employment Court decision which permitted the use of strike breakers during the 2009 dispute between the Dairy Workers Union and the Talley’s company, Open Country Cheese.

The Court of Appeal clearly restated the right of workers to take strike action and was equally clear that s97 of the Employment Relations Act prohibited employers from engaging strike breakers in an attempt to break the strike.

“ Unfortunately, this decision has come more than a year too late to have any impact on the dispute”, said Dairy Workers Union National Secretary James Ritchie.

“The Employment Court decision which erred in law enabled the company to run its operation with strike breakers and this mistake had a significant effect on the outcome of the dispute.”

Despite a settlement being reached at the time, most union members never returned to their jobs and those that did were offered significant salary increases to leave the union.

The Court of Appeal has however issued an overdue decision upholding workers rights and it is welcome, said James Ritchie.

ENDS

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