Employment Court Judgment a Welcome Curb on Employer Legal Devices

“The Employment Court has closed off a legal device used by employers to undermine collective bargaining,” Council of Trade Unions president Ross Wilson said today.

In a decision likely to have ramifications for other agreements, the court has found that workers covered by a collective agreement between the New Zealand Herald and the Engineering, Printing and Manufacturing Union, cannot leave the collective and sign an individual agreement without resigning from the union.

“The decision makes clear that employer devices such as making a salary increase conditional on leaving the collective agreement are in breach of the Employment Relations Act,” Ross Wilson said.

“This important judgement of the full court will have a broad application but there remain other legal loopholes used by employers to undermine collective bargaining which will have to be corrected by legislative change,” he said.

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