New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Full-time employment definition

Legal area

Court

12 Oct 2018

McKeefry v Accident Compensation Corporation (Leave to Appeal)

Citation

[2018] NZACC 160
Court

District Court

Leave to appeal was granted because it is distinctly arguable that, on the employer's affidavit and the facts, only one legal conclusion is open — that the appellant was in full-time employment on the date of his accident — and the lower decision failed to undertake the required objective assessment of the employment relationship under relevant statutory definitions, raising a question of law suitable for appeal.
17 Dec 2003

Scott v Accident Compensation Corporation

Citation

[2003] NZACC 329
Court

District Court

Because the date of incapacity was conclusively determined as 18 January 1996 (res judicata) and the four weeks immediately preceding that date show an average of about 27 hours per week (<30), the appellant was not in full‑time employment under s13 and therefore not entitled to the Clause 18 $280 weekly earnings adjustment; appeal dismissed.
13 Nov 2000

Reihana v Accident Compensation Corporation

Citation

[2000] NZACC 310
Court

District Court

Mere availability for work is insufficient under s43(3); absent evidence of contractual or factual likelihood of continued full‑time employment beyond the Downer contract, the Corporation was entitled to cease the s43 minimum from 1 March 1994, to recalculate weekly compensation using the 52‑week divisor, and to exclude earnings earned outside the 52‑week pre‑incapacity period.