Ruling backs paid breaks

Daryl Carran.
Daryl Carran.
Workers owed money for rest breaks and overtime at an Oamaru meat works have won an ''overdue and well-deserved'' victory, the Otago Southland Meat Workers' Union president says.

Yesterday, the Court of Appeal in Wellington dismissed a Lean Meats Ltd appeal of Judge Bruce Corkill's Employment Court decision last year in favour of the New Zealand Meat Workers Union.

And Daryl Carran said for those owed the most - ''high paid'' workers employed at the Oamaru meat works since 2009 - the decision meant up to $12,000 owed should finally be paid.

''It's been protracted and long-awaited - and justice has finally been served,'' Mr Carran said.

More than 200 former and current employees had been dragged through a lengthy court process, but the union and its members were ''successful at all three levels of court hearings'' and their claim had been vindicated.

''This victory was won in 2013. We're now talking 2016, and how much longer it will take for the calculations to be confirmed and go on through - you're looking at months for that to take place.

''[This] employer was flogging a dead duck, for whatever purpose.''

The union had been pursuing payment for rest breaks for at least three years. While employees were paid for breaks, they were not being paid all they were owed.

In May last year, the Employment Relations Authority found in favour of the union. That decision was challenged in the Employment Court by the company, which argued pay for rest breaks - about $7 - had been included in workers' pay when it negotiated the relevant collective employment agreements.

The Employment Court decision upheld the authority's decision in the union's favour, but the question before the appeal court was whether employers were required to pay rest breaks ''at the same rate for which the employee would be paid to work''. The Court of Appeal decision upheld Judge Corkill's 2015 Employment Court decision.

If employees were to be paid a lower wage when they were on break, employees could choose not to take breaks and accept the lower wage, which would go against the intent of the Employment Relations Act, yesterday's decision reads.

''If employees do not take their rest breaks, the purpose of improving their work-life balance is defeated. The purpose of this part of the Act is only met if employees are not penalised for taking a break.''

Lean Meats could not be reached for comment yesterday.

Add a Comment