By MATTHEW DEARNALEY
Timber giant Carter Holt Harvey has lost a crucial test of union workplace access rights and been fined $5000 for what the Employment Court condemned as indefensible behaviour.
The Council of Trade Unions is hailing a court decision as a confirmation of unionists' ability to monitor corporate behaviour - particularly the suspected unlawful recruitment of replacement labour during strikes or lockouts.
Business New Zealand executive director Anne Knowles said such wide access rights conflicted with a strict legal liability for employers to provide safe workplaces.
But the Employment Court said the only statutory ground for denial of access was prejudice to national security or the investigation of offences.
A full bench of three judges found Carter Holt Harvey acted unlawfully in denying entry by National Distribution Union officials Bill Andersen and Syd Keepa to its Manurewa decorative timber plant during a strike in August.
It also found the company in breach of good faith requirements of the Employment Relations Act for having the pair arrested on trespass charges.
Unions hail decision on CHH site access
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