22 Aug 2013
PACIFIC FLIGHT CATERING LIMITED V LSG SKY CHEFS NEW ZEALAND LIMITED CA [2013] NZCA 386
- Citation
- [2013] NZCA 386
- Court
- Court of Appeal
Part 6A of the Employment Relations Act 2000 transfers employment and the statutory obligations for accrued pre-transfer leave from the old employer to the new employer; consequently the old employer is not personally liable for those pre-transfer entitlements after transfer and the fourth element of the common law cause of action (that the defendant be legally liable) is not satisfied, so the new employer cannot recover sums paid to employees from the old employer under the cause of action 'money paid to the use of the defendant under compulsion'.