Dairy Workers' Union wins strike appeal

Photo / Brett Phibbs

An Auckland milk processing company broke employment laws when it employed substitute staff to cover cheese factory striking workers, the Court of Appeal has ruled.

The court found that Open Country Cheese Company breached Employment Relations Act when it brought in strike-breakers to cover for striking workers at the Waharoa cheese and milk powder plant in the Waikato in 2009.

The New Zealand Dairy Workers' Union had been bargaining for a collective agreement on behalf of about 36 union members working for Open Country Cheese Company.

When bargaining broke down the union issued the company with notice of intention to strike. The Cheese Company then employed other workers from around New Zealand to cover the work of those striking.

The union said this went against the Act, which limits an employer's ability to employ substitute labour to carry out the work of lawfully striking workers. It went to the Employment Court, which ruled in favour of the Cheese Company.

However, the union challenged the ruling in the Court of Appeal which, in a decision released today, quashed the Employment Court's decision.

The appeal court declared the Cheese Company breached the Act by employing, engaging or using other persons to perform the work of its employees who were engaged in strike.

It ordered the Cheese Company to pay the union's costs.

- NZPA