Postal Workers Union of Aotearoa Incorporated v New Zealand Post Limited

[2011] NZCA 161

IN THE COURT OF APPEAL OF NEW ZEALAND

CA769/2010
[2011] NZCA 161

BETWEEN  POSTAL WORKERS UNION OF AOTEAROA INCORPORATED
First Applicant

AND  LINDA STREET
Second Applicant

AND  NEW ZEALAND POST LIMITED
Respondent

Hearing:         19 April 2011

Court:             Ellen France, Randerson and Wild JJ

Counsel:         S R Mitchell for Applicants
R McIlraith and G Service for Respondent

Judgment:      20 April 2011 at 4 pm

JUDGMENT OF THE COURT

A        The application for leave is granted on the following questions of law:

(1)Did the Employment Court err in its approach to the calculation of relevant daily pay for the purposes of s 9(3) of the Holidays Act 2003 as it then stood?

(2)What is the correct approach in law to this case?

BThe respondent must pay the applicants costs for a standard application for leave on a Band A basis and usual disbursements.

REASONS OF THE COURT
(Given by Ellen France J)

1. We have decided that leave should be granted on two questions of law.  The questions are slight variations on the two questions identified by Mr Mitchell for the applicants.  We do not give reasons, in accordance with r 27(2)(b) of the Court of Appeal (Civil) Rules 2005.

Solicitors:
Oakley Moran, Wellington for Applicants
Russell McVeagh, Auckland for Respondent