NZ TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INC V MANA COACH SERVICES LTD CA CA667/2008
The Court granted leave to appeal on two discrete questions of law: (1) whether the employer was obliged to pay wages to drivers who gave notice of intention to strike but did not strike, and (2) whether the respondent lawfully engaged replacement drivers under s 97 of the Employment Relations Act 2000; no...
Source-derived case information.
- Citation
- openlaw-c8154b49_1e00_44c4_84cf_8e0a0f9df7f4.pdf
- Parties
- Appellant: New Zealand Tramways and Public Transport Employees Union Incorporated; Respondent: Mana Coach Services Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 4 December 2008
- Procedural Posture
- Employment Law Appeal / Leave to Appeal Granted
- Outcome
- Leave to appeal granted on the specified questions of law; costs reserved.
- Legal Topics
- Section 97 Employment Relations Act 2000, Strikes, Replacement Workers, Wages, Notice to Strike
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Zealand Tramways and Public Transport Employees Union Incorporated
Appellant
Mana Coach Services Limited
Respondent
Procedural Posture
Employment Law Appeal / Leave to Appeal Granted
Legal Issues
- 1 Whether employer was required to pay wages to employees who gave notice of intention to strike but did not in fact strike
- 2 Whether engagement of replacement drivers while normal drivers were on strike was lawful under s 97 Employment Relations Act 2000
Ratio Decidendi
The Court granted leave to appeal on two discrete questions of law: (1) whether the employer was obliged to pay wages to drivers who gave notice of intention to strike but did not strike, and (2) whether the respondent lawfully engaged replacement drivers under s 97 of the Employment Relations Act 2000; no substantive determination on those issues was made at this stage.
Court Disposition
Leave to appeal granted on the specified questions of law; costs reserved.
Orders
- Leave to appeal granted on questions (a) and (b) as set out in the judgment.
- Costs are reserved.
Full Case Text
Judgment text and source record
1 paragraphs
NZ TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INC V MANA COACH SERVICES LTD CA CA667/2008 4 December 2008IN THE COURT OF APPEAL OF NEW ZEALAND CA667/2008 [2008] NZCA 529BETWEEN NEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED Appellant AND MANA COACH SERVICES LIMITED Respondent Hearing: 2 December 2008 Court: Chambers, Ellen France and Baragwanath JJ Counsel: S R Mitchell for Appellant H Fulton and K M Ashcroft for Respondent Judgment: 4 December 2008 at 11.30 amJUDGMENT OF THE COURT A Leave to appeal is granted on the following questions of law: (a) Was the Employment Court right in holding that Mana Coach Services Limited (the respondent) did not have to pay wages to those drivers who had given notice of an intention to strike on 1 August 2007 but then did not in fact strike? (b) Did the respondent act lawfully in terms of s 97 of the Employment Relations Act 2000 in its engagement of replacement drivers while its normal drivers were on strike? B Costs are reserved.NOTE[1] This court has granted leave to appeal with respect to the correct interpretation of s 97 of the Employment Relations Act 2000 in Finau v Southward Engineering Co Ltd [2007] NZCA 575 and New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v Air Nelson Ltd [2008] NZCA 69. Those appeals, if pursued, are to be heard together. [2] Counsel in the present case may care to consider whether this appeal too should be heard with the others. If they think that advantageous, they can make the appropriate application.Solicitors: Simon N Meikle, Wellington, for Appellant Kiely Thompson Caisley, Wellington, for Respondent