Terranova Homes and Care Limited v Service and Food Workers Union Nga Ringa Tota Incorporated

[2013] NZCA 575

IN THE COURT OF APPEAL OF NEW ZEALAND

CA631/2013
[2013] NZCA 575

BETWEEN	TERRANOVA HOMES AND CARE LIMITED Appellant
AND	SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INCORPORATED AND ANOR Respondent

Court:

O'Regan P, Stevens and French JJ

Counsel:

R L Towner and E Coats for Appellant
P Cranney for Respondent
M Palmer for Human Rights Commission
P Kiely for Business New Zealand

Judgment:

(On the papers)

25 November 2013 at 3.00 pm

JUDGMENT OF THE COURT

By consent we grant leave to the parties to submit for decision of the Court the following question of law:

Did the Employment Court err in law in finding that, in determining “the rate of remuneration that would be paid to male employees … performing the work” for the purposes of s 3(1)(b) of the Equal Pay Act 1972, reference may be made to:

·Rates that are paid to men who are employed by other employers or by employers in other sectors;  and

·Any systemic undervaluation of the work derived from current or historical or structural gender discrimination?

____________________________________________________________________

REASONS OF THE COURT

(Given by Stevens J)

1. By joint memorandum dated 18 November 2013 the parties consented to submit the following question of law for decision of the Court.

   Did the Employment Court err in law in finding that, in determining “the rate of remuneration that would be paid to male employees … performing the work” for the purposes of s 3(1)(b) of the Equal Pay Act 1972, reference may be made to:

   ·Rates that are paid to men who are employed by other employers or by employers in other sectors;  and

   ·Any systemic undervaluation of the work derived from current or historical or structural gender discrimination?

2. By consent we grant leave to submit the above question pursuant to s 214 of the Employment Relations Act 2000.  There will be an order accordingly.

Solicitors:
Bell Gully, Auckland for Appellant
Oakley Moran, Wellington for Respondent
Kiely Thompson Caisley, Auckland for Business New Zealand