29 Jun 2004
NZ DAIRY WORKERS UNION INC V NZ MILK PRODUCTS LIMITED CA CA205/03
- Citation
- openlaw-9db3ab24_1e58_45cf_bb63_00910d3b6f4e.pdf
- Court
- Court of Appeal
The Court upheld that clause 14.5 and the NZMP policy were unlawful because deductions were not demonstrably freely given consent within the meaning of the Wages Protection Act and could not be saved by s16 since the clause applied to employees not bound by the collective agreement; insufficient factual basis existed to sustain the Employment Court's findings under ERA ss8,11 and s68 so those specific findings were not upheld, but the policy itself was unlawful and the appeal dismissed.