New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Ancillary and subservient functions

Legal area

Court

29 Sept 1998

Buller District Council v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 210
Court

District Court

The Court held that the employees serviced multiple branches of the Operations Division (including roading), the Council did not maintain accounting and earnings records of the particularity required to establish distinct and independent activities, and therefore the employees are ancillary/subservient to Operations and must be classified in the highest‑rate unit 41210 - Roading and Bridge Construction; appeal dismissed.
30 Apr 1998

Accident Rehabilitation and Compensation Insurance Corporation v C Lund & Son Ltd

Citation

[1998] NZACC 84
Court

District Court

The Court held that the Main Contracting Administration and Management division and the Building Construction division were distinct and independent activities and that the respondent maintained separate accounting and wage records as required by the Regulations; accordingly the respondent was entitled to separate classification units and the Review Officer's decision confirming three classifications was upheld and the appeal dismissed.