Service and Food Workers Union Nga Ringa Tota Incorporated v Cerebos Greggs Limited [2011] NZCA 431 (31 August 2011)

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Service and Food Workers Union Nga Ringa Tota Incorporated v Cerebos Greggs Limited [2011] NZCA 431 (31 August 2011)

Last Updated: 8 September 2011

IN THE COURT OF APPEAL OF NEW ZEALAND

CA385/2011 [2011] NZCA 431

BETWEEN SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INCORPORATED Applicant

AND CEREBOS GREGGS LIMITED Respondent

Hearing: 23 August 2011

Court: Ellen France, Randerson and Harrison JJ

Counsel: P J Cranney for Applicant J Latimer for Respondent

Judgment: 31 August 2011 at 2.30 pm

JUDGMENT OF THE COURT

1. The application for leave to appeal is granted on the following question of law:

(a) Did the Employment Court err in concluding that the extra week’s leave, for those employees qualifying for that leave, ceased to be an enhanced or additional entitlement on 1 April 2007 and became part of the four weeks annual holidays provided by the Holidays Act 2003?

2. Costs on the application for leave are reserved.
   

REASONS OF THE COURT
(Given by Ellen France J)

[1] We have decided leave should be granted on the question identified by Mr Cranney for the Service and Food Workers Union, the applicant. We do not give reasons, in accordance with r 27(2) of the Court of Appeal (Civil) Rules 2005.

Solicitors:
Oakley Moran, Wellington for Applicant
Sellars & Co, Helensville for Respondent