Seasonal
workers returning from the off-season can claim the benefits of long-running
employment terms when facing hard bargaining at the start of a new season the
Court of Appeal decided, ruling against attempts by AFFCO to break the
“seniority rule” giving priority each season to longest serving meat
workers.
AFFCO unlawfully locked out meat workers
at its Rangiuru, Imlay, Manawatu, Wairoa, Moerewa and Horotiu meat processing
plants when it attempted to force each returning seasonal worker to sign a
17-page individual employment contract at the beginning of the 2015 season. Individual contracts were intended to replace
an earlier collective agreement which required re-employment each season to be
based on seniority. AFFCO was reserving
the right to pick and choose.
The Court of Appeal said the previous
collective agreement created a right for meat workers to apply for
re-employment next killing season with a correlative duty on AFFCO to offer
re-employment on certain conditions, including an obligation to hire on
seniority. Refusing to rehire unless
workers accepted new terms inconsistent with those rights amounted to a
lockout, the Court ruled. There is
nothing unusual in contracts imposing future obligations on employees or
employers, the Court said. In employment
contracts, restraints of trade and obligations of confidentiality are common
examples.
AFFCO
v. Meat Workers Union – Court of Appeal (6.10.16)
16.142