Gill Pizza Limited, Sandeep Singh, Jatinder Singh, Mandeep Singh and Malotia Limited v A Labour Inspector (Ministry of Business, Innovation and Employment) - SC 67/2021
Media releases
Summary
Result
B The approved question is whether the Court of Appeal was correct to conclude that the Employment Court erred in finding that, if a defendant asserts there is no employment relationship, the Labour Inspector must first seek a declaration of employment status from the Employment Court under s 6(5) of the Employment Relations Act 2000 before commencing or continuing a proceeding under s 228(1) of that Act.
12 August 2021
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A The appeal is dismissed.
B The appellants must pay the respondent costs of $15,000 plus usual disbursements.
21 December 2021
Date of Hearing
04 November 2021
Judges
Young, Glazebrook, O’Regan , Ellen France and Williams JJ
Hearing Transcripts
Related Documents
Employment Court decision — A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) v GILL PIZZA LIMITED [2019] NZEmpC 110 [26 August 2019]
Court of Appeal decision — A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) v GILL PIZZA LIMITED [2021] NZCA 192 [17 May 2021]
Leave judgment - leave granted — GILL PIZZA LIMITED v A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) [2021] NZSC 97 [12 August 2021] (PDF 164 KB)
Substantive judgment — GILL PIZZA LIMITED v A LABOUR INSPECTOR (MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) [2021] NZSC 184 [21 December 2021] (PDF 288 KB)