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Affco New Zealand Limited v New Zealand Meat Workers and related Trades Union Incorporated and Ors - SC 131/2016

Media releases

Summary

Civil Appeal – Employment Relations Act 2000 – Whether Court of Appeal erred in finding concession by counsel – Whether Court of Appeal erred in finding applicant’s conduct defeated existing rights of employees – Whether Court of Appeal erred in its interpretation of s 82 of the Employment Relations Act.   [2016] NZCA 482   CA700/2015

Result

A Leave to appeal is granted (AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc and Ors [2016] NZCA 482).
B The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.
9 March 2017
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A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus reasonable disbursements.  We certify for two counsel.
7 September 2017

Hearing Transcripts

Related Documents

Court of Appeal decision — AFFCO NEW ZEALAND LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2016] NZCA 482 [6 October 2016]

Employment Court decision — NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC v AFFCO NEW ZEALAND LIMITED NZEmpC AUCKLAND [2015] NZEmpC 204 [18 November 2015]

Leave judgment - leave granted — AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2017] NZSC 30 [9 March 201 (PDF 63 KB)

Substantive judgment — AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED [2017] NZSC 135 [7 September 2017] (PDF 336 KB)