7 Sept 2016
A LTD v H [2016] NZCA 419
- Citation
- [2016] NZCA 419
- Court
- Court of Appeal
The Employment Court applied an incorrect legal approach by treating 'even‑handedness' as requiring identical, commensurate levels of testing of all witnesses and thereby imposing rigid investigatory rules; the correct approach under s 103A is an objective, contextual assessment of what a fair and reasonable employer could have done in all the circumstances. Accordingly the Employment Court's orders of reinstatement, wages and compensation were set aside and the matter remitted for remedy determination.
- Unjustified dismissal
- Investigation sufficiency
- Procedural fairness
- Natural justice
- Remedy and reinstatement
- S 103a employment relations act 2000