Lean Meats Oamaru Limited v New Zealand Meat Workers & Related Trades Union Incorporated

[2016] NZCA 137

IN THE COURT OF APPEAL OF NEW ZEALAND

CA629/2015
[2016] NZCA 137

BETWEEN	LEAN MEATS OAMARU LIMITED Applicant
AND	NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INCORPORATED Respondent

Hearing:	14 March 2016
Court:	Harrison, Wild and Cooper JJ
Counsel:	M F Quigg and J L Bates for Applicant P B Churchman QC and C M Kenworthy for Respondent
Judgment:	19 April 2016 at 11 am

JUDGMENT OF THE COURT

AThe application for leave to appeal against the judgment of the Employment Court in Lean Meats Oamaru Ltd v New Zealand Meat Workers & Related Trades Union Inc is granted.[1]

[1]Lean Meats Oamaru Ltd v New Zealand Meat Workers & Related Trades Union Inc [2015] NZEmpC 176.

B        The question of law for determination by this Court is:[2]

[2]Employment Relations Act 2000, s 214.

Did the Employment Court err in deciding that the relevant provisions in Part 6D of the Employment Relations Act 2000 required rest breaks to be paid at the same rate for which the employee would be paid to work?

CThere will be no order for costs on the application for leave given that the respondent’s opposition was reasonable.

Solicitors:
Brown & Bates Ltd, Napier for Appellant
Peter Sara Lawyer, Dunedin for Respondent