| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 88 |
| Determination date | 26 July 2016 |
| Member | Trish MacKinnon |
| Representation | A Weir (In Person); C Needham (In Person); J Brothwell (In Person); J Heggarty (In Person); S Langton; R Mcfadyen (In Person); D Burton |
| Parties | Weir & Ors v Corporate Consumables Ltd |
| Other Parties | Needham; Brothwell; Heggarty; Hastings; Schollum; McFadyen |
| Summary | PRACTICE AND PROCEDURE - Fifth and sixth applicants sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise – Whether “unless the context otherwise requires” in section 14 Holidays Act 2003 excludes commission payments when calculating gross earnings |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Phrase “unless the context otherwise requires” not yet considered by NZ courts and could have wider implications. Important question of law likely to arise. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s174D(2);ERA s174D(3);ERA s178;ERA s178(2)(a);Holidays Act 2003 s5;Holidays Act 2003 s8;Holidays Act 2003 s9;Holidays Act 2003 s14;Holidays Act 2003 s21;ECA s94;Wages Protection Act 1983 s2;Wages Protection Act 1983 s11 |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);Hixon v Campbell [2014] NZEmpC 213, [2014] ERNZ 535 |
| Number of Pages | 8 |
| PDF File Link: | 2016_ NZERA_ Wellington_88.pdf [pdf 112 KB] |