18 Jan 2021
A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v TOURISM HOLDINGS LIMITED [2021] NZCA 1
- Citation
- [2021] ERNZ 1
- Court
- Court of Appeal
The Court held that 'a regular part of the employee's pay' in s 8(1)(c)(i) means payments that are either substantively regular (systematic and governed by rules) or temporally regular (habitual or recurring in time). s 8(2) is an alternative formula that applies where there is no ordinary working week and does not reintroduce the concept of pay 'for an ordinary working week' when deciding what is 'regular'. Commission payable in lump sums post‑tour can be a regular part of pay because the employment contract and the pattern of tours make such payments systematic and habitual; the post‑tour r…