Pay rises conditional on leaving union illegal, says court stuff.co.nz
In the ruling released yesterday, the court found:
* a worker covered by a collective agreement may withdraw from it by resigning from the union;
* a clause in the Herald's collective allowing people to leave the collective while remaining members of the union was inconsistent with the ERA;
* workers cannot withdraw from the collective by signing individual agreements nor giving notice to the union and the employer.
The court also said that any move by the Herald to make a pay rise conditional on a worker leaving the collective agreement would breach the ERA and International Labour Organisation conventions.