13 Sept 2017
BROADSPECTRUM (NEW ZEALAND) LIMITED v NATHAN [2017] NZCA 434
- Citation
- (2017) 15 NZELR 398
- Court
- Court of Appeal
The application for a stay was declined because it was an abuse of process: Broadspectrum sought effectively to revisit reinstatement issues that should have been and could have been raised earlier, the appeal would not be rendered nugatory by refusal of stay, the employer's late-raised safety/competency concerns were unconvincing and on-the-job training could address legitimate issues; balance of convenience favoured the respondent and the appeal lacked strong prospects of success.