New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pregnancy discrimination

Legal area

Court

22 Sept 2020

DIAMOND LASER MEDISPA TAUPO LIMITED v THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZCA 437

Citation

[2020] NZCA 437
Court

Court of Appeal

The Court held the Human Rights Review Tribunal has jurisdiction to hear the pregnancy discrimination claim; s 56(1)–(4) Parental Leave Act defines and prescribes procedures for parental leave complaints but does not exclude parallel or alternative causes of action under the Human Rights Act, and s56(4) should be read as procedural rather than ousting Tribunal jurisdiction.
31 Oct 2019

DIAMOND LASER MEDISPA TAUPO LIMITED v THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHC 2809

Citation

(2019)17 NZELR 86
Court

High Court

The High Court held that the Human Rights Review Tribunal does have jurisdiction to hear unlawful discrimination claims arising from pregnancy even if some elements could amount to a parental leave complaint; the Parental Leave Act does not expressly or clearly oust the Tribunal's jurisdiction, s58 is permissive ('may refer') and there are no express exclusion or ouster clauses; therefore the Tribunal did not err or act ultra vires in refusing to strike out the claim.