New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of employment court

  • 28 Apr 2022

    ABC v DEF [2022] NZCA 148

    Citation
    [2022] NZCA 148
    Court
    Court of Appeal

    Extension of time to seek leave to appeal is granted, but leave to appeal is declined because a direction to mediation under s 159 is procedural for the purposes of s 179(5), so the Employment Court lacked jurisdiction to entertain the de novo challenge and the proposed questions of law are not seriously arguable.

    • Mediation direction
    • Jurisdiction of employment court
    • Leave to appeal
    • Extension of time
    • Statutory interpretation
    • Non-publication order

  • 3 Mar 2020

    RAPPONGI EXCURSIONS LIMITED v FERNANDEZ [2020] NZCA 37

    Citation
    [2020] NZCA 37
    Court
    Court of Appeal

    Leave to appeal was declined because the issues advanced were not questions of law of sufficient general or public importance but primarily factual or within the Employment Court's discretion; the Employment Court permissibly included legal costs in the final accounting under s 123(1)(c)(ii) and the notice award was within judicial discretion.

    • Unjustified dismissal
    • Personal grievance remedies
    • Indemnity for legal costs
    • Mitigation of loss
    • Jurisdiction of employment court

  • 21 Mar 2014

    JP MORGAN CHASE BANK NA v LEWIS CA587/2013 [2014] NZCA 81

    Citation
    [2014] NZCA 81
    Court
    Court of Appeal

    Leave to appeal was granted because the Employment Court's interlocutory decision raised three questions of law that are of general and public importance, involve statutory interpretation of ss179(1) and 187(1) and the enforceability of settlement agreements, and can be resolved now because they depend on documentary material rather than factual findings.

    • Jurisdiction of employment court
    • Enforceability of settlement agreements
    • Variation of employment agreements
    • Statutory interpretation of ss179(1) and 187(1)

  • 23 Apr 2008

    CREEDY V COMMISSIONER OF POLICE SC 57/2007

    Citation
    CREEDY V COMMISSIONER OF POLICE SC 57/2007
    Court
    Supreme Court

    The Court held that s12 Police disciplinary inquiries are administrative and, except where s87(2)(a) or (b) apply, amenable to challenge by personal grievance; however the appellant failed to satisfy s114(4) because his delay did not amount to "exceptional circumstances" and s115(b) did not apply, so the personal grievance was time-barred and the appeal was dismissed.

    • Personal grievance
    • Constructive dismissal
    • Time limit extension (s114)
    • Jurisdiction of employment court
    • Interpretation of "exceptional circumstances"