Appellate judgments 2010

Supreme Court

[2010] NZSC 110 SC59/2010 C v Air Nelson Ltd [PDF, 70 KB] Leave to appeal directly from the Employment Court denied, 30 August 2010. Name suppression. No expemely compelling circumstances shown. No point of law of general importance or miscarriage of justice. Name suppression continued so Employment Court may consider issue.

Court of Appeal

[2010] NZCA 582 CA608/2010 Kennedy v Rolling Thunder Motor Company Ltd [PDF, 36 KB] Leave to appeal denied, 6 December 2010. Point of law as to the interpretation of s 161(1)(r) ERA. However, appeal premature and conduct may fall within either available interpretation of s 161(1)(r).

[2010] NZCA 581 CA536/2010 Oceana Gold (New Zealand) Ltd v Jinkinson [PDF, 61 KB] Leave to appeal granted on issues related to reimbursement under s 128 ERA, 2 December 2010.

[2010] NZCA 563 CA500/2010 Melville v Air New Zealand Limited [PDF, 37 KB] Employment Court’s finding that reasonable arrangements for raising of personal grievance had not been made in this instance was a finding of fact and thus not reviewable by the Court of Appeal, 26 November 2010.

[2010] NZCA 547 CA552/2009 A Worker v A Farmer [PDF, 31 KB] Employment Court incorrect to find that contract was frustrated. Remitted back for Court to determine whether dismissal was justified under s 103A, 23 November 2010.

[2010] NZCA 532 CA628/2010 OCS Limited v Service and Food Workers Union NGA Ringa Tota Inc & Anor Interpretation and application of s 69N relating to redundancy entitlements on transfer of undertakings, 22 November 2010.

[2010] NZCA 477 CA358/2010 Chen v New Zealand Sugar Company Ltd [PDF, 71 KB] Leave to appeal declined, 19 October 2010. Employment Court’s factual findings supportable. No error in application of s 103A standard. No error as to costs.

[2010] NZCA 421 CA309/2009 Gilbert v Attorney-General [PDF, 125 KB] Appeal allowed. Interest rates on awards altered. Most issues questions of fact not law. General principle that damages are to restore person to a position they would have been in but for the wrong applied.

[2010] NZCA 399 CA320/2009 Eden v Rutherford & Bond Toyota Ltd [PDF, 22 KB] Leave to appeal refused, 30 August 2010. Neither Authority nor Court exercised costs principles on erroneous basis. No requirement that parties be given a comprehensive summary of costs principles.

[2010] NZCA 385 CA504/2009 Bluestar Print Group (NZ) Ltd v Mitchell [PDF, 34 KB] Appeal allowed, 19 August 2010. Employment Court wrong to disregardCAlderbank offer. Defendant motivated by money throughout proceedings. Vindication may be a factor in costs awards. Costs order of Employment Court quashed. 

[2010] NZCA 320 CA239/2010 Lewis v Howick College Board of Trustees [PDF, 20 KB] Leave to appeal refused, 27 July 2010. No question of law in practicability of reinstatement. Practicability requires an evaluative judgment by the decision maker on the facts. No error of law in relation to costs.

[2010] NZCA 317 CA593/2009 Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [PDF, 64 KB] Appeal dismissed, 21 July 2010. Employment Court’s interpretation of collective agreement approved. Use of prior inspuments to conspue collective approved. Interpretation of collective agreements discussed in light of recent Supreme Court decision.

[2010]  NZCA 305 CA237/2009 Waikato District Health Board v Clear [PDF, 55 KB] Appeal dismissed, 19 July 2010. No liability for Board actions outside the limitation period. No inappropriate duty to investigate bullying imposed by Employment Court.

[2010] NZCA 271 CA142/2010 Snowdon v Radio New Zealand Ltd [PDF, 22 KB] Application for leave to appeal denied, 28 June 2010. Abuse of process principles flexible and further delay in substantive hearing inappropriate.

[2010] NZCA 263 CA179/2010 S v Airline Ltd [PDF, 35 KB] Leave to appeal refusal to order name suppression denied. Issue goes to weight of factors in balancing exercise not point of law, 23 June 2010.

[2010] NZCA 241 CA41/2010 CA465/2009 Idea Services v Dickson [PDF, 26 KB] Leave to appeal granted on definition of “work” in Minimum Wage Act 1983 and averaging of pay, 9 June 2010.

[2010] NZCA 229 CA231/2010 Ports of Auckland Ltd v Maritime Union of New Zealand [PDF, 36 KB] Application for leave to appeal and substantive appeal heard simultaneously because of urgency, 2 June 2010. Leave to appeal declined on good faith issue. Leave to appeal granted on standing and inconsistency (s 61) issues and appeal dismissed. Court satisfied union does have standing to object to an inconsistency between a collective and individual employment agreement. Court approves the approach to inconsistency taken in Employment Court.

[2010] NZCA 196 CA21/2010 Corrections Association of New Zealand Inc v Chief Executive of the Department of Corrections [PDF, 47 KB] Leave to appeal refused, 17 May 2010. All points of law suggested by plaintiff were matters of interpretation of a collective agreement and therefore not appealable.

[2010] NZCA 56 CA14/2010 Peterson Global Sales Ltd v Peterson [PDF, 35 KB] Leave to appeal refused, 5 March 2010. No discernable error of law and issues relate solely to this dispute. Appeals from Employment Court on points of law must be argued by counsel except with leave of the Court.

[2010] NZCA 22 CA686/2009 Gates v Air New Zealand Ltd [PDF, 15 KB] Leave to appeal refused, 23 February 2010. No question of law or of general importance identified. Appeal raised only questions of fact.

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