New Zealand Tramways and Public Transport Employees Union Incorporated v Mana Coach Services Ltd

[2008] NZCA 529

IN THE COURT OF APPEAL OF NEW ZEALAND

CA667/2008
[2008] NZCA 529

BETWEENNEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED

Appellant

ANDMANA COACH SERVICES LIMITED

Respondent

Hearing:2 December 2008

Court:Chambers, Ellen France and Baragwanath JJ

Counsel:S R Mitchell for Appellant

H Fulton and K M Ashcroft for Respondent

Judgment:4 December 2008 at 11.30 am

JUDGMENT OF THE COURT

A        Leave to appeal is granted on the following questions of law:

(a)     Was the Employment Court right in holding that Mana Coach Services Limited (the respondent) did not have to pay wages to those drivers who had given notice of an intention to strike on 1 August 2007 but then did not in fact strike?

(b)     Did the respondent act lawfully in terms of s 97 of the Employment Relations Act 2000 in its engagement of replacement drivers while its normal drivers were on strike?

B        Costs are reserved. 

NOTE

[1]       This court has granted leave to appeal with respect to the correct interpretation of s 97 of the Employment Relations Act 2000 in Finau v Southward Engineering Co Ltd [2007] NZCA 575 and New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v Air Nelson Ltd [2008] NZCA 69. Those appeals, if pursued, are to be heard together.

[2]       Counsel in the present case may care to consider whether this appeal too should be heard with the others.  If they think that advantageous, they can make the appropriate application. 

Solicitors:
Simon N Meikle, Wellington for Appellant
Kiely Thompson Caisley, Wellington, for Respondent