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A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Limited [2019] NZCA 569 (19 November 2019)

Last Updated: 26 November 2019

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA
CA419/2019
[2019] NZCA 569



BETWEEN

A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT
Applicant


AND

TOURISM HOLDINGS LIMITED
Respondent

Court:

Clifford and Goddard JJ

Counsel:

A E Scott-Howman and S E Blick for Applicant
S C Langton for Respondent

Judgment:
(On the papers)

19 November 2019 at 11.00 am


JUDGMENT OF THE COURT

  1. The application for leave to appeal is granted.
  2. The approved questions of law are:

____________________________________________________________________

REASONS OF THE COURT

(Given by Goddard J)

[1] The application for leave to appeal is granted.
[2] The approved questions of law are:
[3] These questions focus on the application of s 8 to the facts as found by Judge Smith, and on the basis of the Judge’s finding at [38] of the judgment about when the commission was payable to the driver as a matter of interpretation of the employment agreement. To avoid doubt, the leave granted extends to questions as to the relevance and implications of those findings when applying s 8.






Solicitors:
LangtonHudsonButcher, Auckland for Respondent


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