30 Sept 2022
ATTORNEY-GENERAL v FLEMING [2022] NZCA 461
- Citation
- [2022] NZCA 461
- Court
- Court of Appeal
The Court recalled its earlier leave decision and reissued it to add as grounds of Ms Fleming's cross-appeal (a) whether the Employment Court erred in failing to consider imposition of a penalty under s 134 ERA and (b) what level of knowledge is required to establish a breach of an employment agreement for the purposes of s 134; the recall was justified because Labour Inspector v Southern Taxis Ltd raised legally relevant and potentially inconsistent principles about the effect of a mistaken belief as to employment status on liability under the ERA and the issue should be addressed at the ful…