WAIKATO DISTRICT HEALTH BOARD V NEW ZEALAND NURSES ORGANISATION [2016] NZCA 488

WAIKATO DISTRICT HEALTH BOARD V NEW ZEALAND NURSES ORGANISATION [2016] NZCA 488

Leave to appeal was granted because the appeal raised a clear question of law suitable for determination by this Court: whether the Employment Court erred in law in using its power under clause 5 of Schedule 3 of the Employment Relations Act 2000 to order a rehearing of a challenge dismissed by a final judgment.

Source-derived case information.

Citation
[2016] NZCA 488
Parties
Appellant: Waikato District Health Board; Respondent: New Zealand Nurses Organisation
Court
Court of Appeal
Jurisdiction
New Zealand
Judgment Date
7 October 2016
Procedural Posture
Appeal to Court of Appeal / Application for Leave to Appeal (granted)
Outcome
Leave to appeal granted
Legal Topics
Rehearing, Final Judgment, Leave to Appeal, Employment Relations Act 2000, Clause 5 Schedule 3
Employment Law Civil Procedure Administrative Law Rehearing Final Judgment Leave to Appeal Employment Relations Act 2000 Clause 5 Schedule 3

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Parties

Waikato District Health Board

Appellant

New Zealand Nurses Organisation

Respondent

Procedural Posture

Appeal to Court of Appeal / Application for Leave to Appeal (granted)

Legal Issues

  1. 1 Did the Employment Court err in law in exercising its power under clause 5 of Schedule 3 to order a rehearing of the New Zealand Nurses Organisation's challenge which had been dismissed by a final judgment of the Court?

Ratio Decidendi

Leave to appeal was granted because the appeal raised a clear question of law suitable for determination by this Court: whether the Employment Court erred in law in using its power under clause 5 of Schedule 3 of the Employment Relations Act 2000 to order a rehearing of a challenge dismissed by a final judgment.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Question of law framed: Did the Employment Court err in law in exercising its power under clause 5 of Schedule 3 to the Employment Relations Act 2000 to order a rehearing of the New Zealand Nurses Organisation's challenge which had been dismissed by a final judgment of the Court?