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  19. [2012] NZCA 481 CA327/2011 Postal Workers Union of Aoteaoroa Inc v Street and NZ Post Ltd [PDF, 141 KB]

    JUDGMENT OF THE COURT, 30 October 2012. CA judgment setting aside the decisions of the Employment Court and Employment Relations Authority in this matter. The Court of Appeal was satisfied that the Employment Court was in error in concluding there was an onus on the employee to establish the pay her or she would otherwise received on the day in question. Rather, the onus fell on the employer to meet the statutory obligation to pay the minimum entitlement on the day in question. The Court concluded that interpreted in accordance with the purpose of the Act, s 9 required the employer first to establish or attempt to establish the amount of unrostered overtime that would otherwise have been received by the employee under s 9(1)(b)(ii). If that were not possible, then the employer was obliged to apply the averaging formula under s 9(3). The respondent is ordered to pay one set of costs to the appellants as for a standard appeal on a band A basis with usual disbursements.