Mount Cook Airline Limited v E T� Incorporated

[2022] NZCA 211

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA185/2022
 [2022] NZCA 211

BETWEEN	MOUNT COOK AIRLINE LIMITED Appellant
AND	E TŪ INCORPORATED Respondent

Counsel:	J G Miles QC and S R Worthy for Appellant P Cranney for Respondent
Judgment: (On the papers)	26 May 2022 at 10.00 am

JUDGMENT OF GODDARD J

ALeave is granted to appeal to this Court against the decision of the Employment Court in E Tū Inc v Mount Cook Airline Ltd [2022] NZEmpC 48.

B        The approved question of law is:

Was the Employment Court correct in its interpretation of clause 4(d) of the Minimum Wage Order 2021 as it applies to part-time salaried employees?

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REASONS

1. Mount Cook Airline Ltd has applied for leave to appeal to this Court on a question of law under s 214 of the Employment Relations Act 2000 from a decision of the Employment Court concerning the interpretation of cl 4(d) of the Minimum Wage Order 2021.[1]

   [1]E Tū Inc v Mount Cook Airline Ltd [2022] NZEmpC 48.

2. The respondent does not oppose the application for leave to appeal. 

3. The respondent did however object to the appellant’s initial formulation of the question of law on appeal.  I directed that the parties confer further with a view to reaching agreement on an appropriate question of law.  By memorandum dated 17 May 2022 the parties advised that they had reached agreement on the following question:

   Was the Employment Court correct in its interpretation of clause 4(d) of the Minimum Wage Order 2021 as it applies to part-time salaried employees?

4. I consider that it is appropriate for leave to be granted to appeal to this Court on the question of law agreed by the parties.  It is a question of public and general importance that ought to be heard and determined by this Court. 

Solicitors:
Kiely Thompson Caisley, Auckland for Appellant
Oakley Moran, Wellington for Respondent