TERRANOVA HOMES AND CARE LIMITED V SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INCORPORATED AND ANOR CA631/2013 [2013] NZCA 575
By consent the Court granted leave under s 214 of the Employment Relations Act 2000 to submit for decision the specific question of law whether s 3(1)(b) of the Equal Pay Act 1972 permits reference to male rates paid by other employers or sectors and to systemic undervaluation; the Court made no substantive...
Source-derived case information.
- Citation
- [2013] NZCA 575
- Parties
- Appellant: Terranova Homes and Care Limited; Respondent: Service and Food Workers Union Nga Ringa Toa Incorporated; Respondent: Anor (Second Respondent); Intervener: Human Rights Commission; Intervener: Business New Zealand
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 25 November 2013
- Procedural Posture
- Employment Law Appeal / Leave to Submit Question of Law Under S 214 Granted (on the Papers)
- Outcome
- Leave granted to submit the stated question of law; order made accordingly
- Legal Topics
- Equal Pay Act 1972 S 3(1)(b), Comparators and Remuneration, Systemic Undervaluation, Reference to External Market Rates
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terranova Homes and Care Limited
Appellant
Service and Food Workers Union Nga Ringa Toa Incorporated
Respondent
Anor (Second Respondent)
Respondent
Human Rights Commission
Intervener
Business New Zealand
Intervener
Procedural Posture
Employment Law Appeal / Leave to Submit Question of Law Under S 214 Granted (on the Papers)
Legal Issues
- 1 Whether, for s 3(1)(b) of the Equal Pay Act 1972, the rate of remuneration that would be paid to male employees performing the work may be derived from rates paid to men employed by other employers or in other sectors
- 2 Whether systemic undervaluation of work derived from current, historical or structural gender discrimination may be taken into account in determining the comparator rate under s 3(1)(b)
Ratio Decidendi
By consent the Court granted leave under s 214 of the Employment Relations Act 2000 to submit for decision the specific question of law whether s 3(1)(b) of the Equal Pay Act 1972 permits reference to male rates paid by other employers or sectors and to systemic undervaluation; the Court made no substantive determination on the merits of that question in this judgment.
Court Disposition
Leave granted to submit the stated question of law; order made accordingly
Orders
- Leave granted pursuant to s 214 of the Employment Relations Act 2000 to submit for decision the specified question of law concerning the interpretation of s 3(1)(b) of the Equal Pay Act 1972
Full Case Text
Judgment text and source record
1 paragraphs
TERRANOVA HOMES AND CARE LIMITED V SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INCORPORATED AND ANOR CA631/2013 [2013] NZCA 575IN THE COURT OF APPEAL OF NEW ZEALANDCA631/2013[2013] NZCA 575BETWEEN TERRANOVA HOMES AND CARELIMITEDAppellantAND SERVICE AND FOOD WORKERSUNION NGA RINGA TOTAINCORPORATED AND ANORRespondentCourt: O'Regan P, Stevens and French JJCounsel: R L Towner and E Coats for AppellantP Cranney for RespondentM Palmer for Human Rights CommissionP Kiely for Business New ZealandJudgment:(On the papers)25 November 2013 at 3.00 pmJUDGMENT OF THE COURTBy consent we grant leave to the parties to submit for decision of the Court the following question of law:Did the Employment Court err in law in finding that, in determining "the rate of remuneration that would be paid to male employees performing the work" for the purposes of s 3(1)(b) of the Equal Pay Act 1972, reference may be made to:Rates that are paid to men who are employed by other employers or by employers in other sectors; andAny systemic undervaluation of the work derived from current or historical or structural gender discrimination?____________________________________________________________________REASONS OF THE COURT(Given by Stevens J)[1] By joint memorandum dated 18 November 2013 the parties consented to submit the following question of law for decision of the Court.Did the Employment Court err in law in finding that, in determining "the rate ofremuneration that would be paid to male employees performing the work" for the purposes of s 3(1)(b) of the Equal Pay Act 1972, reference may be made to:Rates that are paid to men who are employed by other employers or by employers in other sectors; andAny systemic undervaluation of the work derived from current or historical or structural gender discrimination?[2] By consent we grant leave to submit the above question pursuant to s 214 of the Employment Relations Act 2000. There will be an order accordingly.Solicitors:Bell Gully, Auckland for AppellantOakley Moran, Wellington for RespondentKiely Thompson Caisley, Auckland for Business New Zealand