New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Triangular employment

Legal area

Court

2 Mar 2022

KEANU HEAD v CHIEF EXECUTIVE OF THE INLAND REVENUE DEPARTMENT [2022] NZSC 15 [2 March 2022]

Citation

[2022] NZSC 15
Court

Supreme Court

Leave to appeal was refused because the primary contested issues were factual and the s 41 statutory argument, even if arguable, would not determinatively reconstrue the employment relationship; no exceptional circumstances or miscarriage of justice justified a leapfrog appeal to the Supreme Court.
22 Sept 2021

KEANU HEAD & OTHERS v CHIEF EXECUTIVE OF THE INLAND REVENUE DEPT [2021] NZCA 483

Citation

[2021] NZCA 483
Court

Court of Appeal

Leave to appeal was declined because the contested issues were primarily factual (control, integration and employer identity), s41 of the State Sector Act did not itself determine employment status, there was no material of general or public importance or bad faith to justify the Court of Appeal intervening, and the Employment Court's factual findings did not raise a legal question warranting appeal.