Metropolitan Glass and Glazing Limited v Labour Inspector, Ministry of Business, Innovation and Employment

[2020] NZCA 264

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA246/2020
 [2020] NZCA 264

BETWEEN	METROPOLITAN GLASS AND GLAZING LIMITED Applicant
AND	LABOUR INSPECTOR, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Respondent

Court:	Kós P and Clifford J
Counsel:	J M Roberts for Appellant A Scott-Howman and C English for Respondent
Judgment: (On the papers)	29 June 2020 at 10 am

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe approved question of law is:

Did the Employment Court err in law by concluding that payments made by the applicant from its short term incentive bonus scheme were “payments that the employer is required to pay to the employee under the employee’s employment agreement”, and therefore fell within the definition of “gross earnings” under s 14 of the Holidays Act 2003?

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REASONS OF THE COURT

(Given by Kós P)

1. The application for leave to appeal from the decision of the Employment Court in Metropolitan Glass & Glazing Ltd v Labour Inspector, Ministry of Business, Innovation and Employment is granted.[1]

   [1]Metropolitan Glass & Glazing Ltd v Labour Inspector, Ministry of Business, Innovation and Employment [2020] NZEmpC 39.

2. The approved question of law is:

   Did the Employment Court err in law by concluding that payments made by the applicant from its short term incentive bonus scheme were “payments that the employer is required to pay to the employee under the employee’s employment agreement”, and therefore fell within the definition of “gross earnings” under s 14 of the Holidays Act 2003?

Solicitors:
Hesketh Henry, Auckland for Appellant
Crown Law Office, Wellington for Respondent