5 Dec 2011
Employment Court failed to consider s 128(2) and to exercise the discretion under s 128(3); on proper exercise of that discretion and allowing for contingencies the Court of Appeal reduced the compensation for lost remuneration to 26 weeks ordinary time remuneration.
19 Sept 2011
The Court granted leave to appeal on the specific question whether the Employment Court judge failed to exercise the discretion in s128(3) and directed written submissions limited to the factors relevant to awarding remuneration in excess of three months, with a timetable and process for a final determination if the parties do not agree.
21 Jul 2004
The Court held that although the Employment Court was wrong to treat pre-August 2000 incidents as automatically irrelevant, the dismissal was nonetheless unjustifiable on the independent ground that Telecom failed to follow appropriate disciplinary procedure (notably absence of a written warning), and accordingly dismissed Telecom's appeal; the Court allowed the cross-appeal on quantum and substituted judgment for the respondent in the sum of NZD 55,000 (NZD 50,000 economic loss after 50% contribution discount and deduction for paid notice, plus NZD 5,000 non-economic loss) with interest and…