Locked-out workers must be paid, says appeal court
Three years after one court ruled Affco meatworkers were unlawfully locked out of the company’s Wairoa plant, another has confirmed they should be paid lost wages.
The Court of Appeal has ruled workers caught up in a 2015 lockout at the Hawke’s Bay plant should be paid lost wages under the Wages Protection Act.
Some of the affected workers could be entitled to up to five months’ pay.
Talley’s, which owns Affco, has four weeks to decide if it will accept the latest Court of Appeal decision or take the matter to the Supreme Court.
Wairoa Meat Workers Union site president Therese Turipa said the lockout had left scars on the workers, their families and the community. ‘‘We have been through so much. Through five months, our families were without wages and it was only with the support of the community, our union and the wider union movement we managed to get through,’’ Turipa said.
‘‘But it left scars that continue to this day. We’ve lost members due to hardship and even death. Even worse, Affco has lost skilled and dedicated workers who have had no choice but to move to other places to find work.’’
In June 2015, Affco told seasonal meatworkers it would not take them on for the new season unless they signed a new, individual agreement.
During 2013 and 2014 the workers had been party to a collective agreement.
They argued the individual employment agreements were substantially less favourable than those contained in the expired collective.
The Employment Court said that was an unlawful lockout and ruled that the workers and Affco had a continuous employment relationship, even through the off-season.
Affco appealed that decision to the Court of Appeal, which ruled in the workers’ favour. Again Affco appealed the decision, this time to the Supreme Court, which unanimously dismissed the appeal last year.
NZMWU shed secretary and slaughterman Pete Amato said union members kept hoping the company would do the right thing and pay the affected workers.
‘‘We’ve been through court case after court case and in every instance, Affco was found to have unlawfully locked us out,’’ he said.
‘‘We all just want to move on.’’