AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009
Leave to appeal was granted because the Supreme Court approved as the sole ground the question of the meaning of the words 'the work of a striking or locked out employee' in s97 ERA 2000, a legal issue warranting the Court's consideration.
Source-derived case information.
- Citation
- SC 78/2009
- Parties
- Appellant: Air Nelson Limited; Respondent: The New Zealand Amalgamated Engineering, Printing and Manufacturing Union Incorporated
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 October 2009
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Granted
- Outcome
- Leave to appeal granted; approved ground confined to interpretation of s97 of the Employment Relations Act 2000.
- Legal Topics
- Meaning of 'the Work of a Striking or Locked Out Employee', Section 97 Employment Relations Act 2000, Strike and Lock Out Law
Source-derived case record
Summary, issues, holding and outcome
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Parties
Air Nelson Limited
Appellant
The New Zealand Amalgamated Engineering, Printing and Manufacturing Union Incorporated
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Granted
Legal Issues
- 1 What is the meaning of the words 'the work of a striking or locked out employee' in s 97 of the Employment Relations Act 2000?
Ratio Decidendi
Leave to appeal was granted because the Supreme Court approved as the sole ground the question of the meaning of the words 'the work of a striking or locked out employee' in s97 ERA 2000, a legal issue warranting the Court's consideration.
Court Disposition
Leave to appeal granted; approved ground confined to interpretation of s97 of the Employment Relations Act 2000.
Orders
- Application for leave to appeal granted.
- Approved ground: 'What is the meaning of the words "the work of a striking or locked out employee" as used in s 97 of the Employment Relations Act 2000?'
Full Case Text
Judgment text and source record
1 paragraphs
AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009 27 October 2009IN THE SUPREME COURT OF NEW ZEALAND SC 78/2009 [2009] NZSC 110BETWEEN AIR NELSON LIMITED Appellant AND THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED Respondent Court: Blanchard, Tipping and McGrath JJ Counsel: C H Toogood QC and D J France for Appellant R E Harrison QC for Respondent Judgment: 27 October 2009JUDGMENT OF THE COURT A The application for leave to appeal is granted. B The approved ground is: What is the meaning of the words "the work of a striking or locked out employee" as used in s 97 of the Employment Relations Act 2000?Solicitors: Kiely Thompson Caisley, Auckland for Appellant Gregory Lloyd, Wellington for Respondent