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NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Air Nelson Ltd
5 Jun 2007, H Doyle, CA 59/07, (10 pages)
INTERIM INJUNCTION - Applicant claimed respondent breached s97 Employment Relations Act by employing or engaging another person to perform work of striking employee - Sought interim injunction restraining breach - Respondent and Air New Zealand National Cargo ("ANZNC") parties to sale and handling agency contract - Respondent advised ANZNC strike would affect ability to handle freight and would be unable to fulfil obligations under agency contract - ANZNC took on responsibility for handling goods and its employees did tasks that would have been performed by striking union members - Applicant had to establish arguable case respondent employed or engaged others to do work of striking employees - Individuals doing work of striking employees were Air New Zealand Limited employees - Agency contract between respondent and ANZNC provided remedial options for ANZNC in event respondent unable to meet obligations, including providing service itself - Care to be taken with finding arguable case respondent permitted work to be performed by Air New Zealand Ltd, and that by extension, it employed or engaged other persons - Could equally be argued ANZNC exercised rights under contract to provide service itself - Communication from respondent insufficient to establish arguable case it engaged or employed Air New Zealand Ltd and/or its employees to do work of striking employees - To extent could argue respondent did not stop arrangements, agency contract established ANZNC entitled to perform service if respondent unable to - No evidence respondent provided financial reward or other consideration to individuals doing work or any evidence of contractual relationship with them - Arguable case not established - Interim injunction declined
Result: Application dismissed ; Costs reserved
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