Summary
Pending challenges to the lockdown full-wages directions, the Court continued protection against coercive action and enabled employer-worker negotiation or labour-authority conciliation over unpaid lockdown wages. Settlements could be acted on irrespective of the 29 March 2020 order, without prejudice to the rights under adjudication. Willing workers were to be permitted to work without prejudicing unpaid-wage claims. The validity and accrued obligations under the withdrawn direction remained undecided.
Issues
- Whether withdrawal of the lockdown wage order disposed of the challenge to obligations during its operation.
- What interim protection and settlement arrangements should apply pending adjudication.
Held
- Withdrawal with effect from 18 May 2020 ended the direction’s continuing operation but did not answer the challenge to obligations during its currency. All issues required consideration together after a detailed Union counter-affidavit. No final validity ruling was made. (¶¶ 27, 28, 29)
- The earlier direction prohibiting coercive action against employers pursuant to the 29 March 2020 notification was continued in all the matters. (¶ 30)
- Willing employers and workers could negotiate a settlement of lockdown wages, with statutory labour-authority conciliation if needed. Agreed settlements could be implemented irrespective of the wage direction. Establishments that operated below capacity could use the same process. (¶¶ 33, 34, 35, 36, 37)
- Establishments were to permit willing employees to work without prejudice to their unpaid-wage rights and publicise settlement steps. Settlements remained without prejudice to rights pending adjudication. Governments were to circulate the order, and parties before the Court were to file details of settlements by affidavit. (¶¶ 37, 38, 39)
Result
Interim directions issued and protection from coercive action continued; detailed Union counter-affidavit allowed within four weeks, rejoinder within one week thereafter, and matters listed for the last week of July 2020.