POSTAL WORKERS UNION OF AOTEAROA INCORPORATED V NEW ZEALAND POST LTD COA CA769/2010
The Court granted leave on two discrete legal questions concerning whether the Employment Court erred in calculating relevant daily pay under s 9(3) of the Holidays Act 2003 and what the correct legal approach is, thereby permitting appellate consideration of those questions.
Source-derived case information.
- Citation
- COA CA769/2010
- Parties
- First Applicant: Postal Workers Union of Aotearoa Incorporated; Second Applicant: Linda Street; Respondent: New Zealand Post Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 20 April 2011
- Procedural Posture
- Application for Leave to Court of Appeal (employment Matter) / Leave Granted
- Outcome
- Leave to appeal granted on two questions of law; costs awarded to applicants.
- Legal Topics
- Calculation of Relevant Daily Pay, Interpretation of S 9(3), Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Postal Workers Union of Aotearoa Incorporated
First Applicant
Linda Street
Second Applicant
New Zealand Post Limited
Respondent
Procedural Posture
Application for Leave to Court of Appeal (employment Matter) / Leave Granted
Legal Issues
- 1 Did the Employment Court err in its approach to the calculation of relevant daily pay for the purposes of s 9(3) of the Holidays Act 2003 as it then stood?
- 2 What is the correct approach in law to this case?
Ratio Decidendi
The Court granted leave on two discrete legal questions concerning whether the Employment Court erred in calculating relevant daily pay under s 9(3) of the Holidays Act 2003 and what the correct legal approach is, thereby permitting appellate consideration of those questions.
Court Disposition
Leave to appeal granted on two questions of law; costs awarded to applicants.
Orders
- Leave granted on the following questions of law: (1) Did the Employment Court err in its approach to the calculation of relevant daily pay for the purposes of s 9(3) of the Holidays Act 2003 as it then stood? (2) What is the correct approach in law to this case?
- Respondent must pay the applicants costs for a standard application for leave on a Band A basis and usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
POSTAL WORKERS UNION OF AOTEAROA INCORPORATED V NEW ZEALAND POST LTD COA CA769/2010 20 April 2011IN THE COURT OF APPEAL OF NEW ZEALANDCA769/2010[2011] NZCA 161BETWEEN POSTAL WORKERS UNION OFAOTEAROA INCORPORATEDFirst ApplicantAND LINDA STREETSecond ApplicantAND NEW ZEALAND POST LIMITEDRespondentHearing: 19 April 2011Court: Ellen France, Randerson and Wild JJCounsel: S R Mitchell for ApplicantsR McIlraith and G Service for RespondentJudgment: 20 April 2011 at 4:00 PMJUDGMENT OF THE COURTA The application for leave is granted on the following questions of law:(1) Did the Employment Court err in its approach to the calculation of relevant daily pay for the purposes of s 9(3) of the Holidays Act 2003 as it then stood?(2) What is the correct approach in law to this case?B The respondent must pay the applicants costs for a standard application for leave on a Band A basis and usual disbursements.REASONS OF THE COURT(Given by Ellen France J)[1] We have decided that leave should be granted on two questions of law. The questions are slight variations on the two questions identified by Mr Mitchell for the applicants. We do not give reasons, in accordance with r 27(2)(b) of the Court of Appeal (Civil) Rules 2005.Solicitors:Oakley Moran, Wellington for ApplicantsRussell McVeagh, Auckland for Respondent