Labour Court reinstates oyster workers’ union

Press, 17 July 1989, Page 9

Labour Court reinstates oyster workers’ union

PA Wellington The Labour Court has reinstated the Canterbury Wholesale Oyster Workers’ Union, deregistered for not delivering its accounts. The former union’s secretary, Mr Peter O’Donnell, applied to the Court for a review after the registrar of unions cancelled the union’s registration. Chief Labour Court Judge Goddard said in his decision that the Industrial Relations Act, 1973, did not require delivery of accounts, but the Labour Relations Act, 1987, was strongly concerned with accountability by unions and employers’ organisations. In April last year, the registrar wrote to the union, pointing out the requirement to send in accounts. The letter was

sent to the registered office of the union and Mr O’Donnell’s home address, but Mr O’Donnell had moved.

Judge Goddard said the accounts were completed, but the accountants overlooked sending either the accounts or the audit certificate to the registrar. The registrar wrote again in May warning that unless the accounts were received by July the union’s registration would be cancelled. That letter was not received by the union. In February this year the registrar had published in the Gazette a notice of proposed cancellation of the union’s registration, which the union did not see.

On March 28, the registrar cancelled registration and published a Gazette notice to that effect.

On April 14, the accountants sent in the accounts and audit certificate for the year to January 31., and when the registrar replied the union discovered it no longer existed. Judge Goddard said the union was amalgamating with the Meatworkers Union and it should be able to do so in an orderly way.

“I take into account the evidence that the union’s entire office and administration resides in a suitcase in the possession of the applicant, as former secretary,” he said.

He declared the union remained registered as a union and that the registrar should amend her records accordingly, and gave an order reserving leave, if necessary, to apply to have the cancellation of the registration set aside.