17 May 2010
AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009
- Citation
- AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009
- Court
- Supreme Court
A contextual, fact-specific inquiry is required under s 97 to determine whether a non-striking person is performing the work of a striking or locked out employee; courts must examine usual patterns, integration, extent and timing of duties to decide whether the replacement is doing their own work or that of the striker rather than applying a rigid 'but for' test; the Employment Court's approach was correct and the Court of Appeal erred in substituting its factual assessment.