9 Mar 2011
NEW ZEALAND DAIRY WORKERS' UNION INCORPORATED V OPEN COUNTRY CHEESE COMPANY LIMITED COA CA687/2009
- Citation
- COA CA687/2009
- Court
- Court of Appeal
Section 97(2) must be read purposively: 'employ' and 'engage' include using or deploying other persons to perform the work of striking employees irrespective of their legal employment relationship; where the employer uses replacement workers to perform its work and gains the commercial benefit, that employer breaches s97(2). On the facts the Cheese Company used replacement workers and therefore breached s97(2).