21 Jul 2010
SILVER FERN FARMS LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADE UNIONS INCORPORATED CA CA593/2009
- Citation
- openlaw-996f135f_a2b4_4da0_9f34_5fc192a1451c.pdf
- Court
- Court of Appeal
The Employment Court applied orthodox principles of contractual interpretation, including consideration of statutory context and prior instruments; clause 10.2 could not operate to reduce statutory minimums after 1 April 2007 (Holidays Act 2003 s6(3)), and on proper construction, supported by industry history, clause 10.4 continues to confer one additional week of annual holiday for qualifying employees above the statutory minimum; there was no error of principle warranting appellate intervention, so the appeal is dismissed.