Gill Pizza Limited v A Labour Inspector (Ministry of Business, Innovation and Employment)

[2021] NZSC 97

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 67/2021
 [2021] NZSC 97

BETWEEN	GILL PIZZA LIMITED First Applicant SANDEEP SINGH Second Applicant JATINDER SINGH Third Applicant MANDEEP SINGH Fourth Applicant
AND	A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) Respondent

AND BETWEEN	MALOTIA LIMITED First Applicant SANDEEP SINGH Second Applicant MANDEEP SINGH Third Applicant JATINDER SINGH Fourth Applicant
AND	A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) Respondent

Court:	William Young, Ellen France and Williams JJ
Counsel:	G G Ballara and S P Radcliffe for Applicants J C Catran and H T N Fong for Respondent
Judgment:	12 August 2021

JUDGMENT OF THE COURT

A Leave to appeal is granted (A Labour Inspector (Ministry of Business, Innovation and Employment) v Gill Pizza Ltd [2021] NZCA 192). 

BThe approved question is whether the Court of Appeal was correct to conclude that the Employment Court erred in finding that, if a defendant asserts there is no employment relationship, the Labour Inspector must first seek a declaration of employment status from the Employment Court under s 6(5) of the Employment Relations Act 2000 before commencing or continuing a proceeding under s 228(1) of that Act.

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REASONS

1. The Registrar is directed to set the appeal down for hearing (one half day) in the week commencing 1 November 2021.

Solicitors:
McBride Davenport James, Wellington for Applicants
Crown Law Office, Wellington for Respondent