28 Apr 2004
CARTER HOLT HARVEY LTD V LOU YUKICH CA CA42/04
- Citation
- openlaw-c3e09a96_2932_4c7e_8ece_8f8d798b58f4.pdf
- Court
- Court of Appeal
Leave to appeal was granted in part because there are arguable errors of law on the remedies: the appropriateness of 58 weeks' lost remuneration, the availability of post-termination redundancy entitlements under s123(c)(ii) and the effect of a 50% contribution reduction, and certain mitigation law questions (whether mitigation obligations differ for those seeking reinstatement and whether voluntary union work can constitute mitigation). Leave was declined on the rehearing/de novo issue, the factual comparative-mitigation point, and the obligation-to-attend-work point because the Employment C…