New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suspension without pay

Legal area

Court

29 Jul 2021

PUKA v COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU [2021] NZCA 349

Citation

[2021] NZCA 349
Court

Court of Appeal

The application for an extension of time was refused because the delay (over 18 months) was substantial, the explanations proffered did not satisfactorily account for prolonged periods of inactivity (including long unexplained intervals after legal aid and counsel availability), the appeal had been contemplated since September 2019, no early notice was given to respondents, the proposed new evidence was largely not fresh and of doubtful admissibility, and the appeal did not raise novel constitutional issues warranting special indulgence; in those circumstances the interests of justice did not…
10 May 2016

RITCHIES TRANSPORT HOLDINGS LIMITED v MERENNAGE [2016] NZCA 191

Citation

[2016] NZCA 191
Court

Court of Appeal

Leave to appeal was dismissed because the Employment Court correctly concluded Ritchies was bound by its House Rules and collective/contractual context which required suspension on pay; the House of Lords decision in Miles was inapplicable to the factual and contractual matrix; the disciplinary process was fundamentally flawed so contributory conduct and further cross-examination were irrelevant; and the proposed questions did not meet s214(3) criteria for leave.