Man fails in bid for reinstatement

Press, 27 April 1983, Page 22

Man fails in bid for reinstatement

PA Napier A napier freezing worker who lost his job after refusing to contribute to a strike fund has failed in his court bid to be reinstated on the Whakatu plant’s payroll. Mr Justice Greig, in the High Court at Napier, declined to grant an injunction to Lawrence Sumner, who sought to be reinstated in his job at the Hawkes’s Bay Farmers meat company plant.

Evidence had been given that Mr Sumner had refused to give towards an appeal for striking meat workers at Islington last year. In his decision, his Honour referred to submissions that industrial action could ac-

crue if the application was granted.

He said that he was in no way deterred and rejected entirely an implicit threat to the authority of the Court and its orders.

The first defendant named in the action was the East Coast branch of the New Zealand Meat Workers’ Union, the second the New Zealand Meat Workers’ Union, and the third, the Hawke’s Bay Farmers’

Meat Company. Because of Mr Sumner’s refusal, the East Coast branch took steps to expel him from the union and, as union membership is compulsory, the meat company had had to dismiss him, according to the evidence. The union reduced Mr Sumner’s seniority, so that he was more likely to, be put off the chain as work reduced during the season. Mr Sumner had alleged that the actions of the union were invalid and cited legal grounds for the claim. His Honour said that there was clearly an arguable case and that Mr Sumner had met the “threshold question.”

However, an interim injunction was seldom ganted if the damage caused by wrongful actions were compensatable by way of damages and the defendants were able to meet them. His Honour said that whatever order was . made the Court could not ensure any more than the plaintiff’s right to continue employment.

He said that taking into account what he saw as the practicalities of the situation, notwithstanding the impending withdrawal of the man’s right to work, but reminding himself that damage suffered by Mr Sumner could be compensated, the interim injunction should not be granted;