7 Aug 2009
NZ AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INC V AIR NELSON LTD CA CA206/2008
- Citation
- openlaw-5a142932_9d08_4dd5_80d2_18d2a0ab5ec3.pdf
- Court
- Court of Appeal
The Employment Court's construction of s97 was erroneous; the proper enquiry is whether the work performed by the contractor was work that, but for the strike, would probably have been performed by a striking employee, and if so s97 applies and the employer must justify the engagement under s97(4).