22 Dec 2008
SPOTLESS SERVICES (NZ) LTD V SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC CA CA133/2008
- Citation
- openlaw-4dbf2e5a_2fc7_4e4f_8b9c_a15e0513f722.pdf
- Court
- Court of Appeal
The Court held the Employment Court erred in treating the lawfulness of the employer's demand as a jurisdictional gate to the definition of a lockout under s82 ERA; s82 defines the factual and mental elements of a lockout but lawfulness is assessed by reference to ss83 and 84. Consequently the question whether Spotless' lockout was justified under s84 (health and safety) or invalidated by subsequent notices must be determined by the Employment Court; the appeals are allowed and the matter remitted for rehearing on those issues.