25 Aug 2009
TAYLOR PRESTON LIMITED V NEW ZEALAND MEAT WORKERS UNION AND RELATED TRADES UNION CA CA285/2009
- Citation
- openlaw-af6fa427_d65d_47f9_86e3_10e90e015629.pdf
- Court
- Court of Appeal
The Court held that the Employment Court's factual findings that non‑union employees received higher pay established a prohibited preference under s9; no further subjective motive inquiry was required once the statutory test was met, and leave to appeal was granted only on the discrete issue whether the unlawful preference ended on 29 March 2007 or on or about 27 November 2008 because the end date was arguable given the conditional nature of the offer.