31 Oct 2019
DIAMOND LASER MEDISPA TAUPO LIMITED v THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHC 2809
- Citation
- (2019)17 NZELR 86
- Court
- High Court
The High Court held that the Human Rights Review Tribunal does have jurisdiction to hear unlawful discrimination claims arising from pregnancy even if some elements could amount to a parental leave complaint; the Parental Leave Act does not expressly or clearly oust the Tribunal's jurisdiction, s58 is permissive ('may refer') and there are no express exclusion or ouster clauses; therefore the Tribunal did not err or act ultra vires in refusing to strike out the claim.