10 September 2014

Ports of Auckland: Ziegler v. Ports of Auckland

A High Court challenge failed to overturn a trespass notice issued by Ports of Auckland against a former employee it alleges was disrupting port operations.  In addition, notice barring a union delegate from Port premises was upheld. 
In recent years, industrial unrest on the Auckland waterfront has received considerable media attention.  Ports of Auckland management say productivity must improve.
In November 2013, a trespass notice was given to former employee Kenneth Ziegler warning him to stay out of the Port.  He had been dismissed two months previously after allegations he had threatened to kill Port of Auckland’s general manger (operations).  He said a trespass notice prevented him from working for a private stevedoring company operating at the Port.
Ports of Auckland conceded that the waterfront area is a “quasi public space”.  Several thousand people access the Port daily: employees of the Port, staff from government departments and private contractors, as well as seamen crewing vessels docked in port.  Justice Woolford ruled there were no grounds for the court to review this trespass notice.  Issuing a trespass notice was not a public issue justifying judicial review; it was a private matter between Mr Ziegler and his former employer.  The fact that Mr Ziegler now cannot access the port to work for a private stevedoring company or to crew a vessel is an unfortunate but inevitable consequence of his previous behaviour, His Honour said.
In January 2014, Ports of Auckland advised union delegate David Phillips that he was barred from the Port.  He previously enjoyed unfettered port access assisting members of the Maritime Union and inspecting vessels on behalf of the International Transport Federation.  Two months later, Mr Phillips resigned as union delegate with the intention of working on the waterfront part-time as a stevedore.  The court was told access was denied following blog posts written by Mr Phillips labelling non-union labour as scabs, saying they should “live every day fearing a backlash and looking over their shoulders”.  Mr Phillips said refusal of access was in breach of his Bill of Rights entitlement to freedom of movement.  Justice Woolford said the Bill of Rights does not apply to commercial operations run by Ports of Auckland.  He ruled Ports of Auckland acted within the law by taking steps to protect both its commercial operations and the interests of its employees.
Ziegler v. Ports of Auckland – High Court (10.09.14)
14.039