Case for reform of industrial laws

Press, Volume CXV, Issue 33779, 27 February 1975, Page 18

Case for reform of industrial laws

Reform of New Zealand’s industrial laws on strikes and the power of the Industrial Relations Court has been suggested by the Professor of Commercial Law at the University of Otago (Dr A. Szakats).

Uncertainties in the present laws should be removed by including in legislation an expressed declaration of workers’ rights to take justified industrial action, and a definition of such action. Dr Szakats has said in a paper on law and trade unions.

The act should confine all industrial matters to the Industrial Relations Court and abolish common law claims on such issues. Dr Szakats who is also an associate of the Industrial Relations Centre at Victoria University of Wellington, says that these changes would mean that the ordinary courts would lose their power of granting injunctions in industrial matters. They would not be able to hear claims against trade unions based on in-'

timidation, conspiracy or interference with a contract. However, Dr Szakats says that in the case of nonindustrial action and “political strikes” common law action should remain the remedy. As the law now stands there are severe limitations on the right to strike, he says. The Industrial Court should be enlarged and in its specialised field should have the same status as the Supreme Court does in general law. The idea that counsel representing public interest mignt be appointed by the court merits consideration, he says. JUST LAWS The court should have the power of de-registration; with the Minister being ; merely the applicant, having to prove his case. Dr Szakats says that well; considered decisions of the: Industrial Court would en-[ hance its credibility. As a( specialist tribunal the court • j

would be able to take note of industrial realities. The Trade Unions would welcome the changes he outlined, Dr Szakats said, and they should contribute to reform of the laws. This would demonstrate that they did not want lawlessness and anarchy but reasonable and just laws.