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

[2019] NZCA 655

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA488/2019
 [2019] NZCA 655

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

Court:	Brown and Clifford JJ
Counsel:	A E Scott-Howman and C R English for Applicant G G Ballara and S P Radcliffe for Respondents
Judgment: (On the papers)	18 December 2019 at 10 am

JUDGMENT OF THE COURT

The application for leave to appeal is granted on the following question of law:

Whether 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 OF THE COURT

(Given by Clifford J)

1. The applicant is granted leave to bring an appeal on the following question of law:

   Whether 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.

2. Costs on the application are reserved pending determination of the substantive appeal.

Solicitors:
Crown Law Office, Wellington for Applicant
McBride Davenport James, Wellington for Respondents