Air Nelson Limited v NZ Amalgamated Engineering Printing and Manufacturing Union Inc - SC 78/2009

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Summary

Civil Appeal – Employment Relations Act 2000 – Strikes and lockouts – legality – Whether Court of Appeal erred in holding that in s 97 of the ERA 2000 the words “the work of a striking or locked employee” mean “the work a striking or locked out employee would probably have been performing had he/she not been locked out – Whether Court of Appeal erred in holding that s 97 of the ERA 2000 applies in circumstances where the work in question is work which is being performed, or is intended to be performed, by a person who would normally or routinely perform such work.[2009]  NZCA  349    CA 206/2008   7 August  2009

Result

Application for leave to appeal granted.
27 October 2009
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The appeal is allowed with costs of $15,000 to be paid by the respondent to the appellant together with the appellant’s reasonable disbursements to be fixed if necessary by the Registrar.
17 May 2010

Hearing Transcripts

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