New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fixed term employment

Legal area

Court

2 Jun 2010

PORTS OF AUCKLAND LIMITED V MARITIME UNION OF NEW ZEALAND CA CA231/2010

Citation

openlaw-461d380e_9a73_4f5a_823a_41ee38237a43.pdf
Court

Court of Appeal

The union (MUNZ) had standing under s137(4) to seek enforcement orders alleging inconsistency under s61; the correct test for inconsistency is an objective comparison of the terms of the additional agreement with the terms and conditions of like employment in the collective agreement, and on that comparison the fixed term AA agreements were inconsistent with the collective agreement; the appeal is dismissed.
20 May 2004

NORSKE SKOG TASMAN LIMITED V EDWARD CLARKE CA CA181/03

Citation

openlaw-a7aa0971_f7ca_4f64_8a14_86a400ee5119.pdf
Court

Court of Appeal

Majority held NSTL failed to comply with s66(2)(b) in relation to the initial fixed-term agreement because the employer did not adequately advise the employee of the reasons for the term ending; the consequence is that the fixed-term termination provision is ineffective and the employment is treated as of indefinite duration so that subsequent termination was a dismissal which was unjustified; reinstatement and monetary remedies were appropriate; appeal dismissed.