28 Mar 2023
THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v HAIRLAND HOLDINGS LIMITED [2023] NZCA 81
- Citation
- [2023] NZCA 81
- Court
- Court of Appeal
The Court granted an extension of time and granted leave to appeal on the single, discrete question of law whether the Employment Relations Authority has jurisdiction to hear an application brought by a purported employer for a bare declaration that its workers are not employees; the Court declined leave on the broader proposition that such proceedings are always an abuse of process because abuse of process is fact specific and not amenable to a universal rule.