New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Safe working conditions

Legal area

Court

19 Jul 2010

WAIKATO DISTRICT HEALTH BOARD V WENDY ANNE CLEAR CA237/2009

Citation

openlaw-3cca068b_605a_491b_94fe_5ff1138925ba.pdf
Court

Court of Appeal

The Court held the Employment Court did not err: it correctly confined liability to failures occurring after the limitation cut-off (notably the inadequate handling of the August 2003 complaint and the failure to take reasonable steps when requiring return to work) and applied the fair and reasonable employer standard rather than imposing an independent new duty to investigate.
2 Apr 2009

WAIKATO DISTRICT HEALTH BOARD V WENDY ANNE CLEAR CA CA14/2009

Citation

openlaw-587069ca_d6ea_46d1_9e37_dabf9d3f5ffd.pdf
Court

Court of Appeal

The Court granted leave to appeal limited to two legal questions: (1) whether the Employment Court erred in imposing a duty to undertake a full and fair investigation into the employee's complaints; and (2) whether the Employment Court erred in holding the employer liable for breaches not raised before the Authority within s114(6). All other grounds were declined for failing to raise questions of law under s214(3).