7 Aug 2009
FINAU V ATLAS SPECIALTY METALS LTD CA CA600/2008
- Citation
- openlaw-56031070_4fa7_4b70_9e7e_ba0e77dd699a.pdf
- Court
- Court of Appeal
The words mean the work a striking or locked out employee would probably have been performing had he or she not been striking or locked out; accordingly an employer cannot lawfully require an existing employee to perform that work without that employee's agreement under s97(3) (except where s97(4) safety/health exception applies), and Atlas was not entitled to suspend Smith and Makara for refusing.