20 Aug 2021
FMV v TZB [2021] NZSC 102
- Citation
- [2021] 1 NZLR 466
- Court
- Supreme Court
The Supreme Court held that FMV's pleaded negligence claims arose from and related to her employment relationship and therefore constituted 'employment relationship problems' within the exclusive jurisdiction of the Employment Relations Authority under s161(1) ERA; the tort exception in s161(1)(r) applies only where a work‑related problem cannot be framed under any listed head in s161(1), and does not permit routine employment‑related tort claims to be pursued in the High Court when they can be addressed as personal grievances or other s161 heads; accordingly the appeal was dismissed and the…
- Exclusive jurisdiction of employment relations authority
- Employment relationship problem (s5)
- Section 161(1) tort exception (s161(1)(r))
- Personal grievance procedure
- Name suppression
- Abuse of process