18 May 2022
Leave to appeal was declined because the proposed question of law was, on proper analysis, a challenge to the Employment Court's factual findings; the Employment Court applied the s103A test and its factual conclusions supported that application; the issues were case‑specific and not of sufficient general or public importance to warrant leave.
11 Mar 2021
Section 30 of the Fire and Emergency New Zealand Act 2017, by its wording, purpose and legislative history, operates mandatorily to exclude the standard appointment procedural steps in ss 26–29 for redeployment of redundant FENZ employees and therefore cannot be contracted out by collective agreement; the union's contrary interpretation is not seriously arguable and leave to appeal is declined.
8 Jun 2020
Extension of time to file leave applications was granted due to genuine reasons for delay; however none of the proposed grounds of appeal raised a question of law of sufficient general or public importance to merit leave under s214 ERA; factual findings and discretionary assessments by the Employment Court (including counter-factual under s128, penalties under ss4A and 135, contributory reduction under s124, and costs assessment) did not disclose arguable questions of law; accordingly leave to appeal the substantive and costs judgments is dismissed.
6 Oct 2016
The Court held the Employment Court was wrong to find seasonal meatworkers were employed on indefinite continuous contracts through the off‑season; however, because the collective agreement and statutory context created enduring contractual rights to an offer of re‑employment, the employer's refusal or failure to engage those seasonal workers unless they accepted new terms amounted to an unlawful lockout within s82 even if no active employment relationship existed during the off‑season; appeal dismissed.
11 Aug 2016
The application for extension of time was dismissed because the applicant failed to provide an adequate explanation for the lengthy delay and the proposed grounds were either factual, moot, or devoid of merit and therefore did not disclose questions of law warranting appellate consideration.
6 Apr 2016
The Court held the Employment Court's preference for the respondent's oral evidence over documentary material was a factual credibility finding, not an error of law, and the formulated question did not raise a matter of general or public importance; accordingly leave to appeal and the application for extension of time were dismissed.
24 Jun 2015
On the balance of probabilities the Court found the June 4 2011 lumbar injury, together with subsequent aggravations, continued to cause incapacitating symptoms such that the appellant was unable to engage in his pre-injury employment from 16 April 2012; the treating GP certification and specialist opinions were sufficient and the Corporation did not rebut incapacity, entitling the appellant to retrospective weekly compensation from April 2012.
4 Dec 2013
Leave to appeal was granted because the proposed appeal raised questions of law of public importance regarding the proper application of s103A to redundancy dismissals and the principles governing remedial discretion; counsel assisting was appointed due to respondent being unrepresented and costs on the application were reserved.
30 Nov 2011
Section 69N(1)(c) must be read to exclude from the statutory bargaining gateway any situation where the employment agreement (including a collective agreement) has already addressed redundancy entitlements; an express contractual exclusion of monetary redundancy compensation or other provisions dealing with redeployment/notice means s 69N does not apply.
14 Oct 2011
Grant leave under s248(1)(c) and stay the High Court originating application because the dispute is properly an employment relationship problem for the Authority, the company is not insolvent and creditor equality and asset dissipation concerns are not acute, factual issues arising from receivers' re-employment are likely and the Authority is the more suitable forum, and delay or prejudice from a stay is not established.