Press release: Meat Workers Union

Wednesday, 16 May 2012 at 8am.

Union challenges lockout legality

The Meat Workers Union will start a five day Employment Court challenge over the legality of the Talley’s Affco lockout in Auckland today.

The court hearing starts at 11am on Federal Street in central Auckland and will continue until next Tuesday 22 May.

Meat Workers Union general secretary-elect Graham Cooke says a lockout is only lawful if it relates to bargaining for a collective agreement and meets specific legislative criteria.

“Talley’s made it clear they locked out Affco workers because the union was challenging the company in various court cases,” he says. “The company is using the lockout to weaken and undermine collective bargaining and it doesn’t meet other legal requirements.”

Talley’s has also illegally breached Affco worker’s freedom of association, he says.

“The company pressures and encourages workers to leave the union under the threat of lockout and gives them preference for on-going employment if they do so.”

Mr Cooke says the union is seeking a permanent injunction on the lockout, legal costs and lost wages for members since February 29, 78 days ago. The union is also seeking a declaration that Talley’s actions have undermined collective bargaining and worker’s right to be in a union, he says.

The union solicitor will give an opening statement for the union, followed by the company. The union will then give evidence, starting with union official Mike Nahu and followed by a number of workers, which is expected to take three days. The company is likely to give evidence by next Monday, with cross-examinations finished by Tuesday.

No indication has been given on when a court decision will be made.

The court case was originally set down for the April 23 and 24 but the court decided there wasn’t enough time to hear the union’s evidence.

A confidential “settlement conference” in front of a Judge on 26 April failed to end legal proceedings.

ENDS

© Scoop Media