Stevedoring company ISO broke law around union access

Australian-owned stevedoring company ISO was breaking the law when it tried to prevent Maritime Union representatives access to its Whangarei workplace at Northport.

Aus­tralian-owned steve­dor­ing com­pa­ny ISO was break­ing the law when it tried to pre­vent Mar­itime Union rep­re­sen­ta­tives access to its Whangarei work­place at North­port.

In a 17 Decem­ber 2021 find­ing, the Employ­ment Rela­tions Author­i­ty ordered ISO to com­ply with access pro­vi­sions under the Employ­ment Rela­tions Act (2000).

ISO has been ordered to pay a penal­ty of $15,000, of which $5,000 goes to the Crown and $10,000 to the Mar­itime Union.

Mar­itime Union of New Zealand Craig Har­ri­son says a strong mes­sage has been sent to employ­ers who try to under­mine the right of work­ers to meet with union reps on the job.

He says the issue at North­port arose when ISO blocked access to Mar­itime Union rep­re­sen­ta­tives on the basis of COVID-19 reg­u­la­tions.

The Employ­ment Rela­tions Author­i­ty did not agree with ISO’s inter­pre­ta­tion of the law.

Mr Har­ri­son says the deter­mi­na­tion was crys­tal clear there had been an ongo­ing breach of the employer’s oblig­a­tions to allow access.

The Employ­ment Rela­tions Author­i­ty deter­mi­na­tion states “It is impor­tant to deter employ­ers from read­i­ly con­clud­ing that access rights can be denied with lit­tle con­sid­er­a­tion of rea­son­able restric­tions which would allow access.”

ISO has reg­u­lar­ly been in the news around issues of work­er well­be­ing and safe­ty.

A Mar­itime Union mem­ber took a case against his employ­er ISO, over the avail­abil­i­ty clause he was offered in an employ­ment agree­ment.

On 3 Novem­ber 2021, the Employ­ment Court ruled the avail­abil­i­ty clause ISO had offered the employ­ee was not com­pli­ant with the Employ­ment Rela­tions Act (2000).

The Judge agreed with the view of the plain­tiff and the Mar­itime Union that, under the law, employ­ees need to be paid for their “avail­abil­i­ty” for work.

In anoth­er health and safe­ty case, ISO was sen­tenced in the Gis­borne Dis­trict Court in Feb­ru­ary 2021 after being con­vict­ed of expos­ing an indi­vid­ual to risk of harm or ill­ness.

Shan­non Brooke Rangi­hu­na-Kemp, 29, an ISO employ­ee at East­land Port in Gis­borne, died from crush injuries after she was hit by a log that fell from a trail­er load she was about to scan on 8 Octo­ber 2018.

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