GILL PIZZA LIMITED v A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) [2021] NZSC 97
The Supreme Court granted leave to appeal and framed the determinative question as whether the Court of Appeal was correct to conclude the Employment Court erred in finding that a Labour Inspector must first obtain a s6(5) declaration before commencing or continuing s228(1) proceedings; the Court did not decide the...
Source-derived case information.
- Citation
- [2021] NZSC 97
- Parties
- Applicant: Gill Pizza Limited; Applicant: Sandeep Singh; Applicant: Jatinder Singh; Applicant: Mandeep Singh; Applicant: Malotia Limited; Respondent: A Labour Inspector (Ministry of Business, Innovation and Employment)
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 August 2021
- Procedural Posture
- Leave to Appeal to the Supreme Court / Leave Granted; Appeal Set Down for Hearing
- Outcome
- Leave to appeal granted and matter set down for hearing
- Legal Topics
- Employment Relationship, Declaration of Employment Status, Employment Relations Act 2000 S6(5), Section 228(1) Proceedings
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gill Pizza Limited
Applicant
Sandeep Singh
Applicant
Jatinder Singh
Applicant
Mandeep Singh
Applicant
Malotia Limited
Applicant
A Labour Inspector (Ministry of Business, Innovation and Employment)
Respondent
Procedural Posture
Leave to Appeal to the Supreme Court / Leave Granted; Appeal Set Down for Hearing
Legal Issues
- 1 Whether a Labour Inspector must first obtain a declaration of employment status under s6(5) of the Employment Relations Act 2000 before commencing or continuing proceedings under s228(1)
- 2 Whether the Court of Appeal was correct to conclude the Employment Court erred in its approach
Ratio Decidendi
The Supreme Court granted leave to appeal and framed the determinative question as whether the Court of Appeal was correct to conclude the Employment Court erred in finding that a Labour Inspector must first obtain a s6(5) declaration before commencing or continuing s228(1) proceedings; the Court did not decide the substantive issue on the merits.
Court Disposition
Leave to appeal granted and matter set down for hearing
Orders
- Leave to appeal granted
- Approved question for appeal: whether the Court of Appeal was correct to conclude the Employment Court erred in finding that, if a defendant asserts there is no employment relationship, the Labour Inspector must first seek a declaration under s6(5) before commencing or continuing proceedings under s228(1)
Full Case Text
Judgment text and source record
1 paragraphs
GILL PIZZA LIMITED v A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION ANDEMPLOYMENT) [2021] NZSC 97 [12 August 2021]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 67/2021[2021] NZSC 97BETWEEN GILL PIZZA LIMITEDFirst ApplicantSANDEEP SINGHSecond ApplicantJATINDER SINGHThird ApplicantMANDEEP SINGHFourth ApplicantAND A LABOUR INSPECTOR (MINISTRY OFBUSINESS, INNOVATION ANDEMPLOYMENT)RespondentAND BETWEEN MALOTIA LIMITEDFirst ApplicantSANDEEP SINGHSecond ApplicantMANDEEP SINGHThird ApplicantJATINDER SINGHFourth ApplicantAND A LABOUR INSPECTOR (MINISTRY OFBUSINESS, INNOVATION ANDEMPLOYMENT)RespondentCourt: William Young, Ellen France and Williams JJCounsel: G G Ballara and S P Radcliffe for ApplicantsJ C Catran and H T N Fong for RespondentJudgment: 12 August 2021JUDGMENT OF THE COURTA Leave to appeal is granted (A Labour Inspector (Ministry ofBusiness, Innovation and Employment) v Gill Pizza Ltd[2021] NZCA 192).B The approved question is whether the Court of Appeal wascorrect to conclude that the Employment Court erred infinding that, if a defendant asserts there is no employmentrelationship, the Labour Inspector must first seek adeclaration of employment status from the EmploymentCourt under s 6(5) of the Employment Relations Act 2000before commencing or continuing a proceeding unders 228(1) of that Act.____________________________________________________________________REASONS[1] The Registrar is directed to set the appeal down for hearing (one half day) inthe week commencing 1 November 2021.Solicitors:McBride Davenport James, Wellington for ApplicantsCrown Law Office, Wellington for Respondent