29 Nov 2011
NZ PROFESSIONAL FIREFIGHTERS UNION V NZ FIRE SERVICE COMMISSION COA CA439/2011
- Citation
- COA CA439/2011
- Court
- Court of Appeal
The Court of Appeal held that compliance orders cannot be used to delay or prevent lawful strike action or to circumvent the Act's exclusive regime for strikes and lockouts; provisions in a bargaining agreement that effectively truncate statutory strike or notice time limits amount to unlawful contracting out under s238; accordingly the Employment Court erred in issuing compliance orders to delay the lawful strike notices and in purporting to prevent the proposed strikes.