A decision by the Employment Court that Affco NZ unlawfully locked out seasonal meatworkers has been upheld by the Court of Appeal.
The Court of Appeal's judgment was released today and said the Employment Court's declaration that Affco unlawfully locked out seasonal meatworkers by refusing to engage them unless they accepted new individual terms of employment which were inconsistent with existing rights under an expired collective agreement.
The New Zealand Meat Workers and Related Trades Union claimed Affco unlawfully locked out meatworkers from processing plants in the central and upper North Island. The company and workers had been parties to a collective employment agreement which expired on December 31, 2013, but continued in force for a further year.
Before the 2015/2016 season began, Affco told the workers it would not re-engage them unless they accepted terms and condition set out in new individual agreements. The union alleged the company's actions were taken for a coercive purpose to undermine ongoing negotiations toward a new collective agreement.
The Employment Court declared that Affco's actions amounted to an unlawful lockout of its workers and found the company and meatworkers were in a continuous employment relationship which lasted throughout the off season.