-
Ports of Auckland workers strike - Source: ONE News -
Watch Video
-
Related
The Ports of Auckland can start hiring contractors despite on-going negotiations with workers, says an employment lawyer.
The dispute between the port and the union, which started in September last year, is still unresolved and the port is making moves to replace its striking workers with contractors.
Susan Hornsby-Geluk from ChenPalmer told TV ONE's Breakfast that while the port must continue bargaining with employees, the company can start a separate process of hiring contractors at the same time.
"If the company forms the view it can run its operations more efficiently by contracting out, then basically what it does is run a parallel process, and it can. It can proceed to contract out in the middle of bargaining," she said.
Port management may think contracting out is the only way to keep business healthy, according to Hornsby-Geluk.
"The Port is saying we can't continue to operate our port cost-effectively under the terms of the existing contract, and if the port workers continue to insist on the terms and conditions they've got, the port is saying look we've got no option, we've got to contract out because we've got to sustain a viable business," she said.
Hornsby-Geluk said the port's case is strengthened by its loss of revenue because of the strikes.
"I understand they've lost about $25million of revenue a year, so the imperative in terms of contracting out and becoming more cost effective I think is even greater."
As well as dismissing four employees for intimidating behaviour, Hornsby-Geluk said the company has filed a good faith claim.
"The company says that the pamphlets and the communications that the union is putting out around Auckland are misleading," she said.
Hornsby-Geluk said the Union tried to get the public on side.
"That didn't, perhaps, engender as much public support as they wanted so what seems to be happening now is that they're upping the anti and making this about privatisation"
The company says the union's claims about privatisation are not true.
