New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 47 interpretation

Legal area

Court

28 Apr 1995

Bernstone v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 39
Court

District Court

Because s47(2) excludes 'compensation for loss of earnings' and the appellant was receiving weekly compensation immediately before termination (thus had no earnings immediately before termination), the holiday pay paid on termination is not subject to the abatement provisions of s47.
20 Mar 1995

McPherson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

(1995) 1 BACR 111
Court

District Court

The Court found on the balance of probabilities that the employer's letters and conduct amounted to an interruption of employment, not a termination; the Corporation failed to prove the holiday payments were "payments made on the termination of employment" within s.47(2); therefore s.47 abatement did not apply and the Corporation's decision to abate compensation is revoked.