6 Oct 2016
AFFCO NEW ZEALAND LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2016] NZCA 482
- Citation
- [2016] ERNZ 225
- Court
- Court of Appeal
The Court held the Employment Court was wrong to find seasonal meatworkers were employed on indefinite continuous contracts through the off‑season; however, because the collective agreement and statutory context created enduring contractual rights to an offer of re‑employment, the employer's refusal or failure to engage those seasonal workers unless they accepted new terms amounted to an unlawful lockout within s82 even if no active employment relationship existed during the off‑season; appeal dismissed.