LEAN MEATS OAMARU LTD V NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC [2016] NZCA 137
The Court of Appeal granted leave to appeal and identified the controlling legal issue for appellate determination: whether Part 6D (and s214) requires rest breaks to be paid at the same rate as working time; the matter is appropriate for determination by this Court.
Source-derived case information.
- Citation
- [2016] NZCA 137
- Parties
- Applicant: Lean Meats Oamaru Limited; Respondent: New Zealand Meat Workers & Related Trades Union Incorporated
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 April 2016
- Procedural Posture
- Leave to Appeal / Leave Granted by Court of Appeal; Question of Law Certified for Determination
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Rest Breaks, Pay Entitlement, Statutory Interpretation, Employment Relations Act 2000 S214
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lean Meats Oamaru Limited
Applicant
New Zealand Meat Workers & Related Trades Union Incorporated
Respondent
Procedural Posture
Leave to Appeal / Leave Granted by Court of Appeal; Question of Law Certified for Determination
Legal Issues
- 1 Whether the Employment Court erred in deciding that Part 6D of the Employment Relations Act 2000 requires rest breaks to be paid at the same rate as paid working time
Ratio Decidendi
The Court of Appeal granted leave to appeal and identified the controlling legal issue for appellate determination: whether Part 6D (and s214) requires rest breaks to be paid at the same rate as working time; the matter is appropriate for determination by this Court.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal granted on the question of law: whether Part 6D of the Employment Relations Act 2000 requires rest breaks to be paid at the same rate as working time.
- No order for costs on the application for leave given that the respondent's opposition was reasonable.
Full Case Text
Judgment text and source record
1 paragraphs
LEAN MEATS OAMARU LTD V NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC [2016] NZCA 137 [19 April 2016]IN THE COURT OF APPEAL OF NEW ZEALANDCA629/2015[2016] NZCA 137BETWEEN LEAN MEATS OAMARU LIMITEDApplicantAND NEW ZEALAND MEAT WORKERS &RELATED TRADES UNIONINCORPORATEDRespondentHearing: 14 March 2016Court: Harrison, Wild and Cooper JJCounsel: M F Quigg and J L Bates for ApplicantP B Churchman QC and C M Kenworthy for RespondentJudgment: 19 April 2016 at 11 amJUDGMENT OF THE COURTA The application for leave to appeal against the judgment of the Employment Court in Lean Meats Oamaru Ltd v New Zealand Meat Workers & Related Trades Union Inc is granted.1B The question of law for determination by this Court is:2Did the Employment Court err in deciding that the relevant provisions in Part 6D of the Employment Relations Act 2000 required rest breaks to be paid at the same rate for which the employee would be paid to work?1 Lean Meats Oamaru Ltd v New Zealand Meat Workers & Related Trades Union Inc [2015] NZEmpC 176.2 Employment Relations Act 2000, s 214.C There will be no order for costs on the application for leave given that the respondent's opposition was reasonable.Solicitors:Brown & Bates Ltd, Napier for AppellantPeter Sara Lawyer, Dunedin for Respondent