8 Jun 2023
Leave to appeal was granted because the questions posed about the correct statutory approach to s 6 of the Employment Relations Act and the legal test for joint employment raise matters of general or public importance affecting many workers engaged under modern digital platform models and therefore ought to be decided by this Court; costs were reserved.
29 Mar 2022
The Court granted leave because the Employment Court's treatment of Pt 4A and s 88 PHDA, the classification of the respondent as a homeworker, and the application of Idea Services to hours assessment raise genuine questions of law of public importance warranting appellate determination; existing leave in Fleming supports consolidation of issues.
12 Aug 2021
The Supreme Court granted leave to appeal and framed the determinative question as whether the Court of Appeal was correct to conclude the Employment Court erred in finding that a Labour Inspector must first obtain a s6(5) declaration before commencing or continuing s228(1) proceedings; the Court did not decide the substantive issue on the merits.
7 May 2013
The Court of Appeal is bound by s 193(2) of the ERA to limit judicial review under s 213 to narrow jurisdictional grounds; none of the applicant's complaints (factual credibility findings, alleged errors of law short of jurisdictional error, bias, irrationality or failures to consider evidence) fall within s 193(2), so the application is dismissed.