30 Oct 2012
POSTAL WORKERS UNION OF AOTEAROA INCORPORATED V NEW ZEALAND POST LIMITED COA CA327/2011
- Citation
- COA CA327/2011
- Court
- Court of Appeal
The Court held the employer must first attempt to establish the overtime pay that would have been received under s9(1)(b)(ii); where it is not reasonably possible to determine that (as with unpredictable unrostered postie overtime), the employer is obliged to apply the s9(3) averaging formula to calculate relevant daily pay; there is no onus on the employee to prove the overtime amount beforehand.