David Farrar: The worst Employment Court decision ever

The Court of Appeal has overturned a decision of the Employment Court which was arguably the stupidest judicial decision in recent times.

Basically the Employment Court had decided that the minimum wage laws set a fortnightly minimum wage, not an hourly minimum wage and that part-time staff had to be paid a minimum wage of 80 hours a fortnight, even if they only worked one day a fortnight.

Yes this so called specialist court decided that someone who works one day a fortnight must be paid the same minimum wage as someone who works ten days a fortnight. It's a decision that is staggering in its dismissal of both the clear intent of the law, but the nonsensical impact it would have on employers.

The Court of Appeal has thankfully overturned the decision, but the fact it was made in the first place undermines the credibility of the Employment Court as a specialist court.

Might be time to look at abolishing it, and instead have cases go through district and high courts.

David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders.