AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2017] NZSC 30
The Supreme Court granted leave to appeal and formulated a single approved question for full argument: whether the Court of Appeal was correct to find that a breach of s 82 occurred when the employer required seasonal workers to enter new individual employment agreements for the 2015/2016 season. The Court did not...
Source-derived case information.
- Citation
- [2017] NZSC 30
- Parties
- Applicant: AFFCO NEW ZEALAND LIMITED; First Respondent: NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED; Second Respondents: ROBERTA KEREWAI RATU AND OTHERS
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 March 2017
- Procedural Posture
- Leave to Appeal to Supreme Court / Leave to Appeal Granted; Question Approved for Full Hearing
- Outcome
- Leave to appeal granted; approved question set for full hearing
- Legal Topics
- Breach of S 82 Employment Relations Act 2000, Individual Employment Agreements, Seasonal Workers
Source-derived case record
Summary, issues, holding and outcome
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Parties
AFFCO NEW ZEALAND LIMITED
Applicant
NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED
First Respondent
ROBERTA KEREWAI RATU AND OTHERS
Second Respondents
Procedural Posture
Leave to Appeal to Supreme Court / Leave to Appeal Granted; Question Approved for Full Hearing
Legal Issues
- 1 Whether a breach of s 82 of the Employment Relations Act 2000 occurred when the employer required seasonal workers to enter new individual employment agreements before commencing work for the 2015/2016 season
Ratio Decidendi
The Supreme Court granted leave to appeal and formulated a single approved question for full argument: whether the Court of Appeal was correct to find that a breach of s 82 occurred when the employer required seasonal workers to enter new individual employment agreements for the 2015/2016 season. The Court did not decide the substantive s 82 issue at leave stage.
Court Disposition
Leave to appeal granted; approved question set for full hearing
Orders
- Leave to appeal granted
- Approved question: whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season
Full Case Text
Judgment text and source record
1 paragraphs
AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2017] NZSC 30 [9 March 2017]IN THE SUPREME COURT OF NEW ZEALANDSC 131/2016[2017] NZSC 30BETWEEN AFFCO NEW ZEALAND LIMITEDApplicantAND NEW ZEALAND MEAT WORKERSAND RELATED TRADES UNIONINCORPORATEDFirst RespondentAND ROBERTA KEREWAI RATU ANDOTHERSSecond RespondentsCourt: William Young, Arnold and OʼRegan JJCounsel: P R Jagose for ApplicantP Cranney for RespondentsJudgment: 9 March 2017JUDGMENT OF THE COURTA Leave to appeal is granted (AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc and Ors [2016] NZCA 482).B The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.____________________________________________________________________REASONS[1] The approved question allows for argument on the issues raised by the applicant in its leave submissions as well as the points identified by the respondentsin their leave submissions as points they will advance in support of the Court of Appeal judgment on other grounds.Solicitors:M A C Williams, Hamilton for the ApplicantOakley Moran, Wellington for Respondents