21 Nov 2011
NEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED V MANA COACH SERVICES LIMITED COA CA40/2009
- Citation
- openlaw-cb236d21_cec2_4c16_bb4b_78c2e4f7295e.pdf
- Court
- Court of Appeal
The Employment Court erred in relying on its equity and good conscience jurisdiction to deny employees wages otherwise payable under statutory and contractual rights; wage entitlements under the Wages Protection Act and ERA cannot be displaced by an exercise of the equity jurisdiction. The portion of the Employment Court decision holding Mana did not have to pay those drivers is set aside and the matter is remitted to determine whether the bad faith found can disentitle employees by some mechanism other than the equity and good conscience jurisdiction.