The applicability of the common law in an industrial relations context (with special reference to industrial action): a comment

Abstract

This paper reflects on the uneasy relationship that exists in New Zealand between common law and industrial law. A parallel is drawn with the move of labour law away from the general principles of the civil law in Continental Western Europe. It is argued that, especially in the context of industrial action the Labour Relations Act 1987 missed out on a unique chance to assert fully the social autonorny of New Zealand labour law.