Court battle for smoko room

A Hastings company will go to the High Court in a bid to keep its smoko room.

In the Hastings District Court, Judge Richard Watson decided Progressive Meat's purpose-built smoking room broke the law.

The company faced one charge of failing to take all reasonably practicable steps to ensure no person smoked at any time in the workplace. But no conviction was entered.

It is the first time in New Zealand a company has been prosecuted with providing such a facility.

Progressive Meats managing director Craig Hickson said he could not comment on the case until after the High Court decision.

The room, which has an extractor fan and two exhaust ducts, was built at the end of 2003 because meat workers are not allowed outside in their uniforms.

Ministry of Health prosecutor Nicola Graham said defence counsel had 28 days to ask that the case go to the High Court.

Judge Watson said that the smoking room fell within the definition of workplace and therefore the company was guilty of failing to ensure people did not smoke in the workplace.

But he acknowledged the problems Progressive employees would face as a result of the decision.

Meat Union Aotearoa area organiser Eric Mischefski, said if the High Court upheld the decision it would have a huge impact on staff.

- NZPA