On September 21, the Court of Appeal in Wellington will hear the Lean Meats Oamaru Ltd appeal of Judge Bruce Corkill's October 6, 2015, Employment Court decision in favour of the New Zealand Meat Workers Union as the union pursues money it says is owed to members for rest breaks dating back to 2009.
Otago Southland Meat Workers' Union president Daryl Carran said the amount of money involved in bringing a claim like this through the courts meant ``no individual worker would have had any possibility of getting justice''.
``We would be hopeful that if the case is successful for the Lean Meats workers that would be the end of the matter. We wouldn't see any further delays from this company on meeting their obligations,'' Mr Carran said this week.
The union had been pursuing payment for rest breaks for at least three years and now the company was disputing the amount it was required to pay, he said.
In May last year, the Employment Relations Authority found in favour of the union, which argued members were owed pay for rest breaks and consequently, overtime.
The decision was challenged in the Employment Court in Christchurch by the company, which argued pay for rest breaks had been included in workers' pay when it negotiated the relevant collective employment agreements.
Judge Corkill upheld the authority's decision in the union's favour, stating in his decision ``the parties should attempt to resolve quantum issues directly''.
The one-day hearing at the Court of Appeal, presided over by three judges, would probably produce a decision after four to six weeks, Mr Carran said.
It nevertheless remained a possibility the company could lodge a third appeal, to the Supreme Court.
In April, after more than four years of the E tu union, and previously EPMU, pursuing backpay, the Supreme Court ruled Tiwai Point owner New Zealand Aluminium Smelters must pay roughly $20million in backpay to workers for lieu-day claims going back to 1992.
